Jus relictae refers to the legal right of a widow to inherit a portion of her deceased partner's personal property. Specifically, this right typically allows a widow to claim one-third of the personal assets that belonged to her husband at the time of his death. This concept is rooted in historical legal traditions and varies in application depending on jurisdiction.
This term is primarily used in family law, particularly in matters of inheritance and estate planning. It is relevant in cases where a spouse passes away, and there is a need to determine the distribution of personal property. Users may find it helpful to utilize legal templates from US Legal Forms to navigate the inheritance process efficiently.
Here are a couple of examples of abatement:
For instance, if a husband passes away leaving behind personal belongings valued at $30,000, the widow may claim $10,000 as her jus relictae right. (hypothetical example)
| State | Jus Relictae Application |
|---|---|
| California | Widows may inherit one-third of personal property, similar to the general rule. |
| New York | Widows have rights to a specified share, which may vary based on the presence of a will. |
| Texas | Widows may inherit community property and a portion of separate property, depending on the circumstances. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Jus relictae | The right of a widow to inherit a portion of her deceased partner's personal property. |
| Elective share | A statutory right allowing a surviving spouse to claim a portion of the deceased spouse's estate, regardless of the will's provisions. |
| Intestate succession | The process by which property is distributed when someone dies without a will. |
If you are a widow and believe you have a claim under jus relictae, consider the following steps:
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It is the legal right of a widow to inherit a portion of her deceased partner's personal property.