Sec. 38. PERSONS WHO TAKE UPON INTESTACY
(b) Intestate - Married : SEPARATE PROPERTY ONLY
Where any person having title to any estate, real, personal or mixed, other than a community estate, shall die intestate as to such estate, and shall leave a surviving spouse, such estate of such intestate shall descend and pass as follows:
1. intestate, married w/ children - ?
2. intestate, married w/ no children - ?
1. Personal Prop: children-des 2/3, spouse 1/3. Real Prop: children-des 2/3, spouse 1/3 with life estate, remainder to children-des.
2. Personal Prop: spouse 100%. Real Prop: spouse 50%, parents 50% (M=D). Dead Dad, Mom 25%, sibs 25% (if no sibs, Mom 50%) No live parents, sibs-des 50%. No live parents or sibs-des, spouse 100%.