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Surviving Spouse

Surviving Spouse. Protection of Surviving Spouse at Common Law. Problem at common law = spouse not an heir. Protection of Surviving Spouse at Common Law. 1. Dower for Widow Life estate in 1/3 of the real property husband owned at death or anytime during the marriage.

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Surviving Spouse

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  1. Surviving Spouse

  2. Protection of Surviving Spouseat Common Law • Problem at common law = spouse not an heir

  3. Protection of Surviving Spouseat Common Law • 1. Dower for Widow • Life estate in 1/3 of the real property husband owned at death or anytime during the marriage.

  4. Protection of Surviving Spouseat Common Law • 2. Curtesy for Widower • Life estate in all wife’s real property if, and only if, at least one child was born to the marriage.

  5. Protection of Surviving Spouseat Modern Law • 1. Spouse made an heir

  6. Protection of Surviving Spouseat Modern Law • 2. Common Law Marital Property States -- Spouse’s right to a forced (elective share)

  7. Protection of Surviving Spouseat Modern Law • 3. Community Property States – Spouse’s ownership of ½ of the community property

  8. Factors used to determine surviving spouse’s share • Type of property – real or personal • Type of property – individual, separate, community, quasi-community • Number of children • Whether surviving spouse is the other parent of deceased spouse’s children

  9. Determination in your state • Ohio • tbd

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