Paralegal Advanced Competency Exam (PACE) Practice Exam

What does a surviving spouse typically gain from the homestead laws?

1. The immediate right to sell the property

2. The right to occupy the home without interruption

3. A claim against the decedent's estate

4. The ability to change the property title at will

The correct answer is: The right to occupy the home without interruption

A surviving spouse typically gains the right to occupy the home without interruption due to homestead laws. These laws are designed to protect the rights of surviving family members, ensuring that they are not immediately displaced from the family home upon the death of a spouse. This right to occupy provides a measure of security and stability during an emotionally and financially challenging time. While other options may touch on aspects related to property and estate management, they do not reflect the primary benefit provided to a surviving spouse under homestead laws. For instance, the immediate right to sell the property could depend on other factors, including the decedent's estate plan or outstanding debts. A claim against the decedent's estate might involve separate legal considerations, typically associated with debts or entitlements rather than homestead rights. Lastly, the ability to change the property title at will is not generally granted without following specific legal procedures, especially in reference to estate matters and ownership rights.