Decedent dies intestate survived by wife M and two minor children F and G, with M pregnant by a third child H. Assuming H is born alive, how will the descendants’ portion be distributed after setting aside the spouse’s share?

• A. F and G will receive equal shares, and H will also receive an equal share.
• B. F and G will receive equal shares, and H will receive nothing.
• C. F will receive one-half and G one-half; H receives nothing.
• D. F, G, H each receive one-third.

Answer: (A)

The essential idea is how intestate succession divides the portion left after the surviving spouse’s share is set aside. After removing the spouse’s share, the remaining estate goes to the decedent’s descendants, and an unborn child becomes a full heir only if born alive. Here, the spouse is alive, and there are three descendants who will receive the heirs’ portion: F and G, plus H, since H is born alive. That means the descendants’ share is divided equally among three people, giving each one-third. If H hadn’t been born alive, the two children would split that portion in half each.