Question

Which of the following is true of dower and curtesy in Hawaii?

Option 1: Ensuring the deceased spouse's debts are paid.
Option 2: Providing the surviving spouse with a life estate in the decedent's property.
Option 3: Distributing the deceased spouse's estate to the surviving children.
Option 4: Granting the surviving spouse full ownership of all the property.

Answer 1

In Hawaii, dower and curtesy have been abolished, but historically they would provide the surviving spouse with a life estate in the decedent's property, which aligns with Option 2. Modern intestacy laws now govern estate distribution when someone dies without a will.

Step-by-step explanation:

Concerning dower and curtesy in Hawaii, these ancient common law marital property rights have been largely abolished and are not typically recognized in modern U.S. jurisdictions, including Hawaii. However, for historical context, Option 2: Providing the surviving spouse with a life estate in the decedent's property would have been closer to the traditional understanding of dower and curtesy. Dower (for the wife) and curtesy (for the husband) historically provided a surviving spouse with a life estate in a portion of the deceased spouse's property.

In modern practice, when a person dies intestate (without a will) in Hawaii, the state intestacy laws will govern the distribution of the estate. Typically, the surviving spouse would receive a significant portion of the estate, but not necessarily a life estate or full ownership of all the property as in curtesy or dower.