ND Bar Practice Questions - North Dakota Bar Examination Exam

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A decedent dies without a will, survived by a spouse and two children who are also the spouse's children. Under the Uniform Probate Code intestacy scheme (which North Dakota has adopted), the surviving spouse generally takes:

Only one-third of the estate Nothing, because the children inherit first The entire intestate estate, because all of the decedent's surviving descendants are also descendants of the surviving spouse and the spouse has no other descendants A life estate only

Correct Answer:

The entire intestate estate, because all of the decedent's surviving descendants are also descendants of the surviving spouse and the spouse has no other descendants

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