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LSDefine
Simple English definitions for legal terms
marital portion
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A quick definition of marital portion:
Marital portion: The part of a dead spouse's property that the living spouse is entitled to. In some places, this is only if the dead spouse had more money than the living spouse.
A more thorough explanation:
Marital portion refers to the portion of a deceased spouse's estate that the surviving spouse is entitled to. This can vary depending on the laws of the state or country.
Example 1: In civil law, the marital portion is the portion of the deceased spouse's estate that the surviving spouse is entitled to. For instance, if a husband dies and leaves behind a will, the surviving wife may be entitled to a certain percentage of the estate.
Example 2: In Louisiana law, the marital portion is the portion of the deceased spouse's estate to which the surviving spouse is entitled if the spouse died "rich in comparison with the surviving spouse." This means that if the deceased spouse had significantly more assets than the surviving spouse, the surviving spouse may be entitled to a larger portion of the estate.
These examples illustrate how the marital portion can vary depending on the laws of the state or country. It is important to understand the laws in your area to ensure that you receive the portion of the estate that you are entitled to as a surviving spouse.