What happens under the Curtesy Law upon a spouse's death?

Under the Curtesy Law, when one spouse passes away, the surviving spouse inherits the property. This legal principle recognizes the rights of the surviving spouse concerning the marital property. It often allows the surviving spouse to retain a portion of the deceased spouse's estate, ensuring they have a claim to the property that was jointly held during the marriage.

In many jurisdictions, including Indiana, the Curtesy Law means that the surviving spouse typically receives a life estate in real property that was owned by the deceased spouse, which gives them certain rights to use and benefit from that property. This law is designed to protect the financial interests of the surviving spouse and provide them with security after the death of their partner.

Other options, such as dividing the property among children or selling the property to pay debts, do not directly relate to the surviving spouse’s rights under this law. The estate being frozen until the court decides also does not accurately reflect the immediate rights granted to the surviving spouse under the Curtesy Law.