A legal life estate is created by state law and includes which elements?

• A. Dower, curtesy, and homestead
• B. Dower and homestead only
• C. Curtesy and homestead only
• D. Dower, curtesy, and fee simple

Answer: (A)

A legal life estate is a set of rights created by state law to protect a surviving spouse’s occupancy and interests in a deceased spouse’s real property. The elements typically recognized are dower, curtesy, and homestead. Dower gives the widow a life estate in a portion of her husband’s real property; curtesy provides the husband a life estate in his wife’s real property; homestead protects the family home, usually allowing occupancy and often limiting creditors’ claims against it. Together these statutory interests form the package of protections that define a legal life estate. The other options miss one of these protections or inappropriately include fee simple, which is full ownership—not a life estate.