When most people think of outdated laws, they picture quirky prohibitions—like not tying a giraffe to a telephone pole or dueling with water pistols. But some legal relics still have real consequences. One such example? Dower rights—a centuries-old law that can significantly impact your estate planning strategy in states like Arkansas, Kentucky, and Ohio.

What Are Dower Rights and Why Should You Care?

Dower rights were originally designed to protect widows by granting them a legal interest—usually a life estate—in a portion of their deceased husband's property. While most states have abolished these rights, they remain enforceable in three states and can even resurface in others if a death occurred before repeal.

If you're married and own property—especially in Arkansas, Ohio, or Kentucky—ignoring these laws could jeopardize your estate plan.

How Dower Rights Work in 2025

In states where dower (or its counterpart, curtesy) still exists, surviving spouses have automatic legal rights to real estate owned by their deceased spouse—even if the will says otherwise.

Here's how it plays out in each state:

✅ Arkansas:

• If the deceased had children, the surviving spouse gets a ½ life estate.

• If there are no children, they get ½ of the property outright.

• These rights override creditor claims in probate.

✅ Ohio:

• The surviving spouse receives a life estate in one-third of all real estate owned during the marriage.

• Includes one-third of rental income or profits from the property.

✅ Kentucky:

• Surviving spouses receive ½ of solely-owned property outright.

• They also get a 1/3 life estate in property once owned during the marriage.

These laws apply regardless of what the will states or whether the surviving spouse was on the property title.

The Hidden Risks to Your Estate Plan

Dower rights override wills and trusts, meaning your surviving spouse may legally claim part of your property—even if you intended it for your children or someone else.

Example:
Imagine a man in a second marriage owns a home in Kentucky and wants it to go to his children from a prior marriage. Even with a will, his current spouse may have a life estate in half the home—which delays full control for the children until the surviving spouse dies.

This can:

• Disrupt plans to sell or transfer property

• Create disputes among heirs

• Complicate probate and asset distribution

Can Dower Rights Be Avoided?

Yes—but not easily.

• In Kentucky, proven adultery and abandonment can terminate dower rights.

• Prenuptial or postnuptial agreements can waive these rights if properly executed.

• In some states, spouses can sign a release of dower rights during real estate transactions.

Elective Share: The Modern Safety Net for Spouses

Most states no longer recognize dower rights, but they offer a similar concept: the elective share (also known as the spousal or forced share). This law allows a surviving spouse to claim a minimum percentage of the deceased spouse's estate—usually between one-third and one-half, depending on the state.

Even in community property states like California, there are homestead exemptions and spousal allowances that ensure financial protection for surviving spouses.

Why You Still Need a Custom Estate Plan

While laws like dower rights and elective shares offer basic protection, they're not enough for most families—especially blended families or those with significant real estate holdings.

A comprehensive estate plan can include:

• Living trusts that provide income for your spouse and preserve assets for your heirs

• Joint ownership with rights of survivorship to bypass probate

• Clear beneficiary designations on life insurance and retirement accounts

• Prenuptial or postnuptial agreements to define financial expectations

Final Thoughts: Don't Let Old Laws Derail Your Legacy

Outdated laws like dower rights may seem like legal footnotes, but they still have real consequences in 2025. Whether you're planning for a blended family, protecting a second marriage, or just ensuring your loved ones are cared for—proactive estate planning is essential.

🛑 Don't rely on default state protections.
✅ Create a custom estate plan that aligns with your values, your assets, and your family's needs.

Need Help Navigating Dower Rights or Spousal Protections?

At The Robinson Advocacy Group, we help families across Alabama and Texas create thoughtful, strategic estate plans. Whether you're concerned about dower rights, blended family dynamics, or protecting a spouse, we're here to help.

📞 Schedule your consultation today and take the first step toward peace of mind.