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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 42210
Experience:  Texas lawyer for 30 years in Estate law
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I wasn't clear in my question. I should have added in the

Customer Question

I wasn't clear in my question. I should have added in the absence of a will does the surviving spouse inherit? No children between but 3 adults by previous marriage. Property acquired many years after marriage and registered in name of decedent.
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. Ray here to help you .

This property would need to have ancillary probate filed in Aruba even if they died in NY here.

If the property was purchased during legal marriage with marital funds regardless of whose name

is on the title then both parties each have a half interest.

The surviving spouse has a half interest.The deceased spouse splits his share between the spouse here and the children.Surviving spouse likely has a 3/4 interest, any children split the 1/4.The probate court ash final say here in the applicable law for Aruba.

There is one exception: the surviving lawful spouse inherits together with

the blood relations of the deceased (see Question 28).

28. What different succession rules, if any, apply to the intestate?

The intestacy rules only apply if a person did not make a will.

There are two possible succession regimes:


Inheritance pursuant in one’s own right.


Inheritance by substitution.

There are four groups of heirs under Curaçao law:


A spouse of the deceased together with the children of the



The parents of the deceased together with the brothers and

sisters of the deceased.


The grandparents of the deceased.


The great-grandparents of the deceased.

If there is a surviving spouse and any children, they each inherit

equal parts of the estate. Provided the deceased does not leave

any stepchildren, the children are not entitled to receive assets

directly from the estate. All assets and liabilities vest in the

surviving spouse and the children then have a claim for the value

of their share in the estate. These claims bear an interest and

are not due and payable. This is the so-called statutory division.

Reference to the law and taxes here..

Appreciate the chance to help you tonight.Thanks again.