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Simple English definitions for legal terms
widow's allowance
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A quick definition of widow's allowance:
A widow's allowance is money that is given to a woman whose husband has died. It is set aside by law and is meant to help the widow and her children with their expenses. This allowance is different from any money that the husband may have left in his will. It is also called a spousal allowance. In some states, it is even more important than paying for the funeral or other expenses.A more thorough explanation:
Widow's allowance is a portion of a deceased person's estate that is set aside by law for their surviving spouse, regardless of any competing claims or testamentary dispositions. This allowance is also known as spousal allowance or widower's allowance.
For example, if a person dies and leaves behind a spouse, the court may award a widow's allowance to the surviving spouse for their temporary maintenance and support. This allowance may be limited for a fixed period or may continue until all contests are resolved and a decree of distribution is entered.
It is important to note that this support, along with probate homesteads and personal-property allowances, is in addition to whatever interests pass by the will or by intestate succession. This means that the surviving spouse will receive the widow's allowance regardless of any other provisions made in the will.
Overall, widow's allowance is a legal provision that ensures that surviving spouses are provided for after the death of their partner.