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hi this is fred neiman a new jersey probate and estate planning attorney talking to you today about the inheritance rights of a surviving spouse and children of a deceased parent i took a couple video takes of this topic a little while ago and frankly i discarded them all because i thought it was a little too confusing so im going to try to dummy it down mostly for me and hopefully that will help you first off if youre married to your spouse and you had children together you as the surviving spouse get 100 of the estate the kids get nothing if your husband or wife had a will as long as they leave you a minimum one-third approximately of the value of the estate thats what youre entitled to in other words the will of your spouse will control unless they try to totally disinherit you whereupon you can make a claim against this state where it gets real tricky and where the real problems uh generally take place is when theres a second or later marriage and the deceased spouse either di