Final answer:
Mary may own half of the property outright due to marital property laws and David's will would typically apply only to his share of the estate. Outcomes vary based on state laws and whether the estate goes through probate. The will might be subject to challenge and the estate usually goes through the probate process.
Step-by-step explanation:
The situation described involves the distribution of an estate after the death of one spouse, with a will that outlines specific shares for the surviving spouse and children. Since David and Mary purchased the property together after marriage, in many jurisdictions, this property would likely be considered marital property or community property, which means that Mary may actually own half of the property outright due to the nature of the marital property laws. Thus, David's will can only dictate what happens to his half of the property. If we apply general principles, it's possible that the estate will be divided according to the will for David's half and Mary would receive her own half automatically, but outcomes may vary drastically based on specific state laws and whether the estate goes through probate.
In some instances, a spouse's right to property as laid out by the will can be overridden by local inheritance laws if they provide a minimum share that is greater than what the will provides. Additionally, a will is a legal document that must be honored unless successfully contested in court; however, it only applies to the assets that the deceased owned. If David and Mary owned the home jointly with rights of survivorship, Mary would automatically inherit David's share of the home upon his death regardless of the will's instructions.
The possibility exists that the will may be subject to legal challenge, as inheritance law, marital property rights, and the specifics of the will can all intersect in complex ways. It is also important to note that an estate often goes through probate, which is the legal process whereby a court oversees the distribution of the deceased's assets, ensuring that debts are paid and the distribution of assets is in accordance with the will or state law if there is no valid will.