It depends if there is a will or trust involved. If a spouse dies the other spouse usually gets everything unless the family home or other items have been intrusted or willed.
AnswerSee the related question link below for the laws of intestacy for your state. The laws of intestacy determine a surviving spouse's share of an estate. Generally, even if the surviving spouse is disinherited by will, they can claim a share under the doctrine of election. That share is generally equal to the share they would receive if the decedent had died intestate.
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