What is the legal term for a spouse's right to inherit property held in their spouse's name after death?

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The correct answer is the term "Dower/curtesy," which refers to the legal rights that a surviving spouse has to inherit a portion of their deceased spouse's estate. This concept is rooted in common law and varies by jurisdiction, but generally, dower refers to the rights of a wife to a portion of her husband's estate, while curtesy refers to the rights of a husband in relation to his deceased wife's estate. These rights are designed to protect the surviving spouse, ensuring that they have a claim to sufficient property to provide for their needs after the loss of their partner.

Understanding the other terms helps clarify why they do not fit this context. An elective share is a provision that allows a surviving spouse to claim a certain portion of the deceased spouse's estate, regardless of what the will states, but it is not the same as the traditional dower or curtesy rights. An easement relates to a property right allowing one party to use another's property for a specific purpose, and dual agency pertains to real estate transactions where one agent represents both the buyer and seller, which has no connection to inheritance rights.

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