Paralegal Advanced Competency Exam (PACE) Practice Exam

What may restrict a living spouse from selling property under dower and curtesy rights?

1. A legal restriction related to the beneficiary's rights

2. The other spouse's statutory share rights and dower/curtesy claims

3. The time frame for selling inherited property

4. The need for unanimous agreement among beneficiaries

The correct answer is: The other spouse's statutory share rights and dower/curtesy claims

The correct choice identifies that the other spouse's statutory share rights and dower/curtesy claims may indeed restrict a living spouse from selling property. Dower and curtesy are legal rights that provide a surviving spouse with a claim on a deceased spouse's property, regardless of whether the surviving spouse was named in the will or not. In the case of a surviving spouse, the right to dower (for wives) or curtesy (for husbands) ensures that they have a claim to a portion of their deceased spouse's estate, which can include real property. This means that in a situation where property is owned by one spouse, the surviving spouse may have limited ability to sell that property without the agreement or involvement of the other spouse, particularly if the deceased spouse held sole title to the property. If statutory rights are acknowledged within the jurisdiction, these rights help protect the interests of the surviving spouse and provide them with some level of financial security. Hence, those rights must be addressed before any sale of property can occur, often necessitating consent or satisfying the respective rights involved. The other options presented do not accurately reflect the constraints established by dower and curtesy rights. Legal restrictions related to a beneficiary's rights or the need for unanimous agreement among