When there is no surviving issue but at least one parent is alive, what does the spouse take at intestate?

When a person dies intestate (without a will) in Delaware and there are no surviving children (issue) but at least one parent is alive, the distribution of the estate to a surviving spouse is clearly defined. In this situation, the spouse is entitled to a specific amount of the estate, which includes a monetary amount plus a life estate in the real property.

Specifically, the spouse receives $50,000 in addition to a life estate in any real property. This arrangement means that the spouse has the right to live in and use the real property for their lifetime, but does not own it outright in a manner that allows for transfer or sale. After the spouse's lifetime, the property would then pass according to the laws governing intestate succession, often reverting to the deceased’s family or heirs.

The other options do not align with Delaware's intestacy laws in this scenario. For instance, taking all real and personal property would overlook the need to acknowledge the deceased's parents as potential heirs. Similarly, receiving half of all property and debts misrepresents the specific entitlement spelled out in Delaware's intestate succession rules. Lastly, the notion of the spouse getting nothing contradicts the established rights afforded to a surviving spouse in cases where parents are still