A widow bench is a legal term that refers to the portion of a deceased partner's estate that a widow is entitled to receive. This entitlement exists alongside any jointure that may have been established. Essentially, it ensures that a widow has a right to a share of the estate, providing financial support during a difficult time.
The concept of a widow bench is primarily used in family law and estate planning. It is relevant in cases involving the distribution of a deceased person's assets, ensuring that widows receive their fair share. Legal professionals may use this term when drafting wills, trusts, or during probate proceedings. Users can manage some aspects of this process themselves with the appropriate legal templates available through services like US Legal Forms.
Here are a couple of examples of abatement:
(Hypothetical example) If a person passes away leaving behind a home, savings, and investments, the widow may be entitled to a specific percentage of these assets as part of the widow bench. For instance, if the estate is valued at $500,000 and the widow is entitled to 30 percent, she would receive $150,000.
| State | Widow Bench Rules |
|---|---|
| California | Widows are entitled to a minimum of one-third of the estate if there are children. |
| Texas | Widows may receive a community property share in addition to the widow bench. |
| New York | Widows can claim a statutory share of the estate, which is typically one-third. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Jointure | A provision that secures a widow's financial support from her deceased partner's estate. | Jointure is a pre-arranged agreement, while a widow bench is an automatic entitlement. |
| Elective Share | A statutory right allowing a surviving spouse to claim a portion of the estate, regardless of the will. | Elective share may apply to all spouses, whereas widow bench specifically refers to widows. |
If you find yourself in a situation where the widow bench applies, consider the following steps:
In complex situations, seeking professional legal help is advisable.
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