Also known as: bonis defuncti · estate of the deceased
Written by attorneys · grounded in primary & secondary sources — see below
A designation for property rights or interests located among the assets of a deceased person. The phrase identifies claims such as dower or curtesy that attach to the estate of a deceased spouse and are measured as though the deceased had held fee simple absolute, subject to any executory interests or possibilities of reverter that limited the original estate.
Ike Ingram held a fee tail estate in a downtown building limited to professional-office use, with a possibility of reverter in Alicia. After Ike's death his surviving spouse Ivy Ibarra sought a dower interest measured as fee simple. Alicia's reverter became possessory when a sublease altered the use, so Ivy's claim among the assets of the deceased yielded.
Elena held a fee tail in her studio subject to an executory interest in the City of Biloxi if artistic use ceased. After Elena's death her surviving spouse Kevin petitioned for curtesy calculated as though she had held fee simple. The executory interest remained contingent because artistic use continued, allowing Kevin's claim to attach among the assets of the deceased.
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The decedent held a fee simple conditional in a test track that would revert if automotive testing stopped. After death the surviving spouse Bryce asserted a life estate measured as fee simple absolute. Because the testing-use condition had never been breached, Bryce's interest attached among the assets of the deceased without triggering the reverter.
A media mogul held a fee tail in a broadcast campus subject to an executory interest in Mountain Publishing if title left the bloodline. After the mogul's death the surviving spouse Aidan sought a life estate measured as fee simple. Recognition of Aidan's claim among the assets of the deceased would have activated the executory interest, giving Mountain Publishing the superior right.
The decedent held a fee tail in a family studio that would pass only to heirs of the body. After death the surviving spouse sought curtesy measured as fee simple absolute. Because the spouse was not a lineal descendant, the claim among the assets of the deceased remained subordinate to the executory limitation in favor of the City of Biloxi.
An heir held a fee tail in an automotive test track subject to a possibility of reverter if testing ceased. After death the surviving spouse asserted a life estate measured as fee simple. Continuous testing use kept the reverter dormant, so the spouse's interest attached among the assets of the deceased without divesting the founding family's future interest.
The phrase identifies the assets against which the surviving spouse's dower or curtesy is measured. The interest is calculated as though the deceased had held fee simple absolute, yet it remains subordinate to any executory interest or possibility of reverter that restricted the original estate.
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No. Once the reverter or executory interest becomes possessory, the surviving spouse's claim among the assets of the deceased is defeated because the governing rule expressly subordinates dower or curtesy to that future interest.
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The interest attaches when the deceased held a qualifying estate such as a fee tail or fee simple conditional and the surviving spouse satisfies the marital-status requirement. Attachment is measured by fee-simple standards but never overrides a still-effective executory limitation or reverter.
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…different. Under Louisiana law, all illegitimate children, "natural" and "bastard," were entitled to support from the estate of the deceased parent. 401 U. S., at 534 n. 2. Despite these differences, it is apparent that we have examined the Illinois statute more critically than the Court examined the Louisiana statute in…