Terce refers to the legal right of a widow to inherit a portion of the real estate that belonged to her deceased partner. This right is recognized in certain jurisdictions, particularly under Scottish law, where it is seen as an inchoate right of dower. Essentially, it ensures that a widow has a claim to some of the property that was owned by her husband at the time of his death.
Terce is primarily used in family law and estate planning. It is relevant in cases involving the distribution of a deceased person's property, particularly when determining a widow's rights to realty. Users may find it beneficial to utilize legal templates from US Legal Forms to navigate the complexities of estate distribution and ensure their rights are protected.
Here are a couple of examples of abatement:
For instance, if a woman's husband owned a house at the time of his death, she may have a right to a portion of that property through terce. This right ensures she has a claim to a share of the real estate, providing her with some financial security after the loss of her partner. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Terce Recognition |
|---|---|
| California | Not recognized; instead, community property laws apply. |
| Texas | Recognized under specific conditions related to dower rights. |
| New York | Not recognized; relies on elective share laws. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Dowry | Property or money brought by a bride to her husband on their marriage. | Dowry is given at marriage, while terce is a right after death. |
| Dower | A provision for a widow from her deceased husband's estate. | Dower is often broader and can include personal property, whereas terce is specific to realty. |
If you believe you have rights under terce, consider the following steps:
In complex situations, obtaining professional legal help is advisable to navigate the intricacies of estate law.
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Terce is the right of a widow to inherit a portion of her deceased partner's real estate.