In the case of surviving issue, with some not being the children of the surviving spouse, what does the spouse receive?

In Delaware, when there is a surviving spouse and issue of the deceased, including some children who are not the children of the surviving spouse, the surviving spouse is entitled to a share of the estate. Specifically, the law provides that the surviving spouse receives half of the personal property and a life estate in the real estate.

This division reflects an intent to balance the rights of the surviving spouse with those of the deceased’s children. The spouse's share of half of the personal property allows them some immediate benefit from the estate, which can be particularly important for maintaining their standard of living. The life estate in the real estate means the surviving spouse can live in the property for their lifetime, providing stability and security, while ensuring that the ultimate ownership of the real estate passes to the children.

This structure aims to ensure that the surviving spouse is not left without resources, while also respecting the interests of the children in the inheritance. Other options do not align with Delaware law regarding the distribution of estate assets in such circumstances, as they either overstate or understate the rights of the surviving spouse relative to the children.