1. Surviving Spouse

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

3. 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.

4. 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.

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

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

7. Protection of Surviving Spouse at 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