Final answer:
A surviving spouse with homestead rights may be entitled to a share of the deceased's estate, such as real estate and personal property. This is guided by state intestacy laws and can vary if there is a valid will. The case, United States v. Windsor, illustrates the recognition of surviving spouses' rights in estate tax exemptions.
Step-by-step explanation:
When addressing the question of what personal property a surviving spouse is entitled to with homestead rights, it is important to note that the specifics can vary depending on jurisdiction and the presence of a valid will. Historically, under the principle of coverture in the time of the American Revolution, married women's property would legally become their husbands' as they were not allowed a separate legal identity. However, this landscape has changed significantly, and in modern times, a surviving spouse often has rights to a certain share of the deceased's estate under state intestacy laws if there is no will.
Additionally, key historical practices, such as those mentioned in the Han law where both husband and wife shared property rights and a wife retaining her dowry as her property, have influenced contemporary views and laws regarding a surviving spouse's rights. The case of United States v. Windsor also highlights the evolution of property rights upon the death of a spouse, showcasing the impact of landmark legal decisions on the rights of surviving spouses concerning estate tax exemptions.
Ultimately, a surviving spouse may be entitled to various forms of personal property, such as real estate, household items, and other assets, depending on the local laws and whether certain protections like homestead rights are in place. It is advisable for individuals to understand their specific state's laws or to consult a legal professional for guidance.