Estates

Question 1

Fee Simple Language

Answer 1

Terms of inheritance or succession are not required to create a fee simple estate in Ohio.

•unless specified otherwise, every lawful grant, conveyance, or mortgage of lands, tenements, or hereditaments automatically conveys or mortgages the entire interest.

Question 2

Fee tail

Answer 2

A fee tail becomes a fee absolute to the donee in tail.

Question 3

Dower & Curtesy

Answer 3

A surviving spouse who has not relinquished or been barred from it is endowed of an estate for life in 1/3 of the real property owned by the deceased spouse at any time during the marriage that has been conveyed or mortgaged to a 1/3.

• a surviving spouse does not have a dower interest in real property owned by the deceased spouse at death, unless that property has been mortgaged.

Question 4

What bars a dower? What forfeitures a dower?

Answer 4

Adultery

Waste

• if a spouse gives up real property by collusion or fraud, or loses it by default, the widow or widower may recover dower.