Chapter Six - Dower, Curtesy, Wills and Descent

Question 1

Dower

Answer 1

• The interest given to a wife by state law in the property of her husband upon his death.
• It is a Life Estate that in 1/2 of all lands owned by the husband at the time during the continuance of marriage.
• It is an Inchoate dower interest because during his life the wife’s rights consist only of a possibility that she will receive anything upon his death.
• It becomes Consummate upon death.
• Dower is subject to liens and encumbrances to which the land was subject at the time of the marriage.
• Any real property transferred during the husband’s lifetime without the wife’s signature will be transferred with a cloud on the title.

- Dower & Curtesy was ended on May 28th, 1980.

Question 2

Right of Possession

Answer 2

• Dower and Courtesy were eliminated on May 29, 1980.
• Right of Possession Act: Each spouse has the right of joint possession during marriage with the other spouse of the property occupied as their principal matrimonial residence.
• The right can only be released with proper consent.
• Death terminates marriage.
• Only a final judgment of divorce will terminate this marital right.

Question 3

Curtesy

Answer 3

• 1/2 life estate given to a widowed husband.

Question 4

Elective Share Law

Answer 4

• Law introduced the concept of the augmented estate.
• Augmented Estate: surviving spouse can take 1/3 unless the the assets of the surviving spouse exceed this 1/3 amount.
• If the husband did not provide for his wife in his will.

Question 5

Laws of Descent

Answer 5

• If there is no wil, property will pass to the descendent’s heirs.
• Heirs may encumber or convey legal title immediately but their title is not leagally marketable since all property will be subject to temporary possession of an executor.
• However, a beneficiary holding title as tenancy by the entirety or joint tenant woud immediately have marketable title.

Question 6

Probate

Answer 6

• The legal process of determining that validity of a will, paying off the debts of the estate and determining who gets the remainder of the estate.

Question 7

Devise

Answer 7

• A testamentary gift of real estate or personal property,

Question 8

Alienation

Answer 8

• The transfer of property and possession of lands from one person to another.