If the decedent leaves a surviving spouse and one or more descendants, the intestate share of the surviving spouse is:
- (1) If there are one or more surviving descendants of the decedent all of whom are descendants of the surviving spouse also, the entire net intestate estate.
- (2) If there are one or more surviving descendants of the decedent one or more of whom are not descendants of the surviving spouse, one-half of the net intestate estate.
[1969 c.591 §20; 1987 c.329 §1; 2016 c.42 §2]