Legal Definitions - child's part

A child's part is a legal provision, found in the statutes of some states, that allows a surviving spouse (typically a widow) to claim a specific share of her deceased husband's estate. This right enables the widow to receive an inheritance calculated as if she were one of the decedent's children, sharing equally with all other children of the deceased. A widow might choose to claim a child's part if it provides a more favorable inheritance than what she would receive under her husband's will or through traditional dower rights.

Here are some examples illustrating how a child's part might apply:

• Scenario 1: Intestacy and Equal Distribution

  Imagine John passes away without a will, leaving behind his wife, Sarah, and their two adult children, Emily and David. Under the state's standard intestacy laws (rules for dying without a will), Sarah might be entitled to a certain percentage or a fixed amount of the estate, with the remainder divided among the children. However, if their state recognizes the "child's part," Sarah could elect to claim it. In doing so, she would be treated as a third child, and John's entire estate would be divided into three equal shares: one for Sarah, one for Emily, and one for David. This illustrates how the child's part ensures the surviving spouse receives an equal share alongside the children, potentially overriding other default inheritance rules.

• Scenario 2: Electing Against an Unfavorable Will

  Consider Michael, who dies leaving a will that grants his wife, Lisa, a relatively small fixed sum, while the bulk of his substantial estate is bequeathed to his three children from a previous marriage: Mark, Susan, and Peter. Feeling that the will does not adequately provide for her, Lisa, in a state that permits it, could choose to claim a "child's part." By making this election, Lisa would legally be considered a fourth child for inheritance purposes. The estate would then be divided into four equal portions, with Lisa receiving one share, and Mark, Susan, and Peter each receiving one share. This demonstrates how a child's part can serve as a mechanism for a surviving spouse to ensure a more equitable distribution of assets, even when a will specifies otherwise.