Descent and Distribution

Unless a statute provides otherwise, a surviving spouse's rights of inheritance are not affected by a later marriage after the death of the decedent. The rights of a survivor of a second or subsequent marriage of the decedent are the same as though he or she were the survivor of the first marriage. In a number of states, the rights of a survivor of a second or subsequent marriage of the deceased or of a surviving spouse who subsequently remarries are, or have been, governed by statutes specifically regulating descent in cases of remarriage.