What typically happens to a surviving spouse's inheritance if there are descendants according to modern law?

In cases where a decedent has a surviving spouse and also has descendants (children, grandchildren, etc.), modern inheritance laws typically provide that the spouse will inherit a portion of the estate rather than the entirety of it. This division is often codified in state laws that aim to balance the interests of both the surviving spouse and the descendants.

In many jurisdictions, the surviving spouse is entitled to receive either one-third or one-half of the estate, depending on the number of children involved. For instance, if there are multiple children from the marriage or from previous relationships, the law may prescribe that the spouse receives a smaller proportion to ensure that the children of the decedent also inherit a share of the estate.

This distribution acknowledges the importance of providing for both the surviving spouse and the children, promoting fairness and ensuring that descendants have a claim to their deceased parent's estate. The specific fraction allotted to the surviving spouse can vary by state, which is why it's essential to consult the relevant statutes in the jurisdiction where the estate is being probated.