How are estate benefits typically granted in dower or curtesy agreements?

In dower and curtesy agreements, estate benefits are typically granted as a lifetime right to a fraction of the property. This legal arrangement is designed to provide financial support to the surviving spouse after the death of the other spouse.

In the case of dower, a wife is entitled to a portion of her husband's estate, whereas curtesy refers to a husband's rights in the wife's estate. In Massachusetts, this is generally structured to give the surviving spouse a one-third interest in the deceased spouse's property. This ensures that the surviving spouse has a degree of financial security while not granting them full ownership of the property, which reflects the intention of providing support without overriding the heirs' rights.

Other options, such as a lifetime right to all property, would be too broad and could undermine the rights of other heirs or beneficiaries. Temporary usage rights do not align with the long-term nature of dower and curtesy, as these rights are meant to provide lasting security rather than just temporary access. Exclusive ownership rights would also be inappropriate, as dower and curtesy were established to balance the interests of both spouses and their heirs, rather than fully transferring property ownership to the surviving spouse.