What portion of an estate does a surviving spouse receive if there are issue that are not theirs?

In Delaware, when a person dies with a surviving spouse and children (issue) from a prior relationship, the surviving spouse is entitled to a specific portion of the estate. They receive half of the personal property, while the children from the previous relationship inherit the other half.

This distribution follows Delaware's laws regarding intestate succession, where the property is divided based on the relationship among the deceased, the spouse, and the children. The surviving spouse’s entitlement emphasizes the importance of equitable treatment within the family unit, while still recognizing the rights of children from previous relationships.

The fact that the surviving spouse does not inherit all of the estate, partly due to the presence of children who are not theirs, is critical in understanding the dynamics of estate distribution in Delaware. Therefore, the correct answer reflects the legal framework that balances the interests of the surviving spouse with the rights of the biological children.