Dower, Curtesy Wills And Descent Flashcards
Necessary requirements for the existence of dower are:
1 Valid marriage New Jersey does not recognize common-law marriage 2 The husband owns the property during marriage 3 The husband must die prior to his wife
As of May 28, 1980?
No new Dower courtesy interest may be created in this State.
Right of possession
Each spouse has the right of joint possession during marriage with the other spouse of the property occupied as their principal matrimonial residence acquired after the effective date of the act. Dower abolition 1980.
Right of possession rules to consider.
1 both spouses must consent to the sale of a home before sale.
2 all property acquired prior to 1980 is subject to dour interest.
3 all property acquired after May 28, 1980 which is not in the family home maybe sold without regard to the interest of Dower courtesy and the right of possession.
Courtesy
Is the one half life estate given to a widowed husband by the state in the lands owned by his wife during the marriage.
Effective share and the augmented estate
The augmented estate is the net probate estate of a deceased spouse plus certain transfers he made during his lifetime to his spouse and to others.
Last will and testament - will
The execution of a will during life has no effect, for the instrument only becomes effective at
Testate?
If the deceased person leaves a will.
Intestate ?
If the deceased party does not make a will.
Testator
Male making of the will.
Testatrix
Female making the will.
Intestacy
An administrator or administratrix appointed to administrate the descendants affairs
Dower interest.
Is the interest given to a wife by state law in the property of her husband upon his death. This right is said to be an inchoate dower interest before her husband’s death.
