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.

Protection of Surviving Spouse at 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.

Protection of Surviving Spouse at Modern Law 1. Spouse made an heir

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

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

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

Determination in your state Ohio tbd