The answer depends on whether either of you have children. Under the intestacy laws of most states, if a married person dies without a will, the deceased spouse's assets will pass to the surviving spouse unless the deceased spouse also had children who were not also children of the surviving spouse (i.e. from a prior marriage), in which case the assets are divided between the spouse and children. In Virginia, for example, the spouse would receive 1/3 of the estate and the children would receive...