Death & Dower: How Dower and a Family Maintenance and Support Claim Interact

When a surviving spouse has a vested dower right in the deceased’s homestead and makes a family maintenance and support claim on the estate, how does that FMS claim interact with the dower life estate?

In working through a FMS claim, how is the dower life estate valued?  What side of the ledger is it put on? How does it affect the deceased’s inventory valuation?

This paper offers a suggestion to this common problem in estate litigation.

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