If there are surviving children of the decedent and any of them are not children of the surviving spouse, the spouse gets __________ percent of the estate.

A. thirty
B. thirty-three
C. fifty
D. one hundred

is it C

To determine the answer to this question, we need to understand the concept of intestate inheritance laws and how they vary based on the jurisdiction or legal framework being followed.

1. Research the jurisdiction or legal framework: Intestate inheritance laws can vary from place to place, and different jurisdictions may have different rules regarding the distribution of assets when someone dies without a will. For example, the laws in the United States may differ from those in the United Kingdom or other countries.

2. Determine the relationship between the surviving spouse and the decedent's children: In this question, it states that there are surviving children who are not children of the surviving spouse. This implies that the decedent had children from a previous marriage or relationship, and the surviving spouse is not the biological or adoptive parent of those children.

3. Consult the specific intestate inheritance laws: Based on the information above, you should look up the intestate inheritance laws of the relevant jurisdiction. These laws will outline the distribution of assets in situations where there is a surviving spouse and children who are not the children of the surviving spouse.

Since the specific jurisdiction or legal framework is not provided in the question, it is not possible to determine the correct answer without further information. It is important to consult the applicable laws or seek legal advice to get an accurate answer.