Gale Encyclopedia of American Law Volume 3 P46 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 438 DESCENT AND DISTRIBUTION for computing the inheritance depends on the terms of the statute applicable to the facts in the particular case. Her rights attach only to property that her husband owned at the time of death. The right of a wife to share in the estate of her husband is qualified by his right to make a valid will. The widow however will be given a right of election to choose between the elective share which is usually her share under the laws of intestacy or the provision in the will whichever is larger. Right of Surviving Husband At common law a surviving husband had an estate by curtesy in his wife s real property to which he was absolutely entitled upon her death. Curtesy has been abolished by many jurisdictions. As of the early 2000s a husband s rights of inheritance are regulated by statute applicable to the facts in the particular case. As a general rule a widower s rights of inheritance attach only to property that his wife owned and possessed at the time she died. Rights in Case of Remarriage Unless a statute provides otherwise a surviving spouse s rights of inheritance are not affected by a later marriage after the death of the decedent. The rights of a survivor of a second or subsequent marriage of the decedent are the same as though he or she were the survivor of the first marriage. in a number of states the rights of a survivor of a second or subsequent marriage of the deceased or of a surviving spouse who subsequently remarries are or have been governed by statutes specifically regulating descent in cases of remarriage. Waiver or Release of Right A spouse can waive the right of inheritance to the estate of the other spouse by an antenuptial agreement which is fairly entered into by both parties with knowledge of all the relevant facts such as the extent of the spouse s wealth. This is frequently done by couples who remarry late in life in order to protect the inheritance rights of their children by previous marriages. For example an .
