What is a widow's inheritance called?

Answer 1

You may be thinking of an ancient operation of law where a woman was given the use of a portion of her husband's estate during her life. The widow had dower rights. In some old wills the set offs for the "dower and widow's allowance" can still be examined where, for example, a widow would be given a room for sleeping and the best bed, half of the parlor, kitchen privileges and the wood, crops and profits from one-third of the land for her own upkeep. If the husband owned three farms she would be given her thirds in each farm and would never be provided with one of those farms for her life use.

A woman did not become a legal heir of her husband in Massachusetts until around 1904. After that she could inherit a portion of his intestate estate in fee simple. Prior to 1904 a husband could devise the fee to his estate to his widow by his will, and many did, but if he failed to make provisions by will she was entitled to only her dower rights.

In most jurisdictions dower rights have been abolished and have been addressed in statutory codes so check your state laws.

In many states, the husband cannot dispose of any property without his wife's permission, the law providing that anything he owns during their marriage is partially owned by her and vice versa. Those states are called community property states.

There is also a common principle in most states that the wife or husband has to be taken care of, and that the wife or husband can 'take against the will' and take what she/he would get under the intestacy rules. That right is called the right of election and prevents the disinheritance of a spouse.