Taking Against The Will
What is it? A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouses property. The surviving spouse can take that share instead of accepting whatever he or she inherited through the deceased spouses will. If the surviving spouse decides to take the statutory share, its called taking against the will. Dower and curtesy is another name for the same legal process.Added By: Chloe
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