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Simple English definitions for legal terms
child's part
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A quick definition of child's part:
Child's Part: When someone dies, their spouse may be entitled to a share of their property. In some states, the spouse can choose to receive a "child's part" instead of what they would normally get. This means they are treated like one of the deceased person's children and get an equal share of the property.
A more thorough explanation:
A child's part is an inheritance that a widow can claim instead of dower or what she would receive under her husband's will. In some states, this is determined by statute. The amount is calculated by counting the widow as a child of the deceased, sharing equally any entitlement with any other child.
If a man dies and leaves behind a widow and two children, the child's part would be divided into three equal parts. The widow would receive one-third, and each child would receive one-third. This is because the widow is counted as a child of the deceased for the purpose of calculating the child's part.
Another example would be if a man dies and leaves behind a widow and one child. The child's part would be divided into two equal parts. The widow would receive one-half, and the child would receive one-half.
These examples illustrate how the child's part is calculated and distributed among the widow and any children of the deceased. It ensures that the widow receives a fair share of the inheritance, even if the deceased did not leave a will or did not provide for the widow in the will.