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Understanding Admeasurement of Dower and Its Legal Implications
Definition & Meaning
Admeasurement of dower is a legal process used to assign or apportion a widow's dower rights, which are her entitlement to a portion of her deceased partner's estate. This remedy was historically applied in England and is now largely outdated. The term specifically refers to situations where an heir, upon reaching adulthood, can challenge an excessive dower assignment made by a guardian or during the heir's minority. The heir can seek to have the dower adjusted to reflect the appropriate share, typically one-third of the estate.
Table of content
Legal Use & context
This term is primarily used in family law and probate contexts, particularly in cases involving inheritance and the rights of surviving spouses. While admeasurement of dower is not commonly invoked today, understanding it can be important for those dealing with estate planning or disputes over inheritance. Users may find relevant forms and templates on platforms like US Legal Forms to assist with related procedures.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
(Hypothetical example) If a guardian assigned a widow a dower that includes half of the estate, but the legal limit is one-third, the heir can file for admeasurement of dower to reclaim the excess portion.
State-by-state differences
State
Admeasurement of Dower Variance
California
California does not recognize dower rights in the same way as traditional common law.
New York
New York allows for dower claims but has specific statutes governing the process.
Texas
Texas has community property laws that may affect dower rights differently.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Dower
A widow's legal right to a portion of her deceased husband's estate.
Curtesy
The equivalent legal right of a widower to a portion of his deceased wife's estate.
Elective Share
A statutory right allowing a surviving spouse to claim a portion of the deceased spouse's estate, regardless of the will's terms.
Common misunderstandings
What to do if this term applies to you
If you believe that the admeasurement of dower applies to your situation, consider the following steps:
Review the dower assignment to determine if it exceeds the legal limit.
Consult with a legal professional to discuss your rights and options.
Explore legal form templates on US Legal Forms to assist with the process of filing for admeasurement.
If your situation is complex, seeking professional legal help is advisable.
Find the legal form that fits your case
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