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cuota vidual

English translation: widow's share

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:cuota vidual
English translation:widow's share
Entered by: iguana

14:52 Jul 11, 2002
Spanish to English translations [Non-PRO]
Law/Patents
Spanish term or phrase: cuota vidual
a will
iguana
widow's share
Explanation:
"The Widow's Share
The laws of most if not all states support the right of a surviving spouse to an "elective share." This is usually expressed as a percentage of the deceased spouse's estate.
For example, under a recent change in Tennessee law, the surviving spouse of a marriage of ten years in duration or longer is entitled to 40% of the deceased spouse's estate.
The right of a surviving spouse to "take against the will" of the deceased spouse is ancient, predating American jurisprudence. Under English law, a surviving spouse was given such rights to prevent the deceased spouse from leaving all of his property to his sons, thereby leaving his widow to the charity of the Church or the Crown.
Because the object of such charity was usually the husband, this claim of entitlement, which was written into the statutes of virtually every American state, came to be called the widow's share.
Was Edith Shearer the "wife" of Ralph Landolfi, thereby entitling her to a portion of his estate? Most states have abolished common law marriages. New York, where Ralph and Edith resided at the time of his death, abolished them in 1933. In a few states a couple may enter into a common law marriage. One such state is Pennsylvania.
Edith and Ralph met in 1971 on Long Island and shortly afterward began living together, continuously, until Ralph's death in 1996.To support her claim that she and Ralph were married under Pennsylvania law, Edith introduced evidence of a series of trips she and Ralph made to the state during the 1970s.
After Ralph retired, Edith and Ralph traveled widely together under the name "Landolfi." His passport identified Edith as his wife. A few of the trips they took were to Pennsylvania.
The New York probate court held that these infrequent and brief visits did not establish a common law marriage under the law of Pennsylvania.
Edith did not present convincing proof that she and Ralph ever exchanged informal marriage vows in the state. To the contrary, Edith testified that Ralph told her that due to family dissension, he did not want to get married.
Although Edith and Ralph lived together continuously for 25 years and casual acquaintances did believe they were married, their families knew they had never formally married and that a marriage ceremony had never taken place.
Because Edith was unable to prove by clear and convincing evidence that she was Ralph's common law wife, the court dismissed her case."

http://www.tn-elderlaw.com/prior/000313.html

--------------------------------------------------
Note added at 2002-07-11 15:08:15 (GMT)
--------------------------------------------------

\"Widow\'s share of residue. 5.—The provision for the widow made by section 4 is in addition and without prejudice to her interest and share in the residue of the property remaining after payment of the sum of four thousand pounds, in the same way as if such residue had been the whole of the deceased\'s estate and that section had not been passed.\"

http://193.120.124.98/1954_12.html


--------------------------------------------------
Note added at 2002-07-11 15:12:03 (GMT)
--------------------------------------------------

\"At the same time, Ray alleged that she was entitled to a share of the estate as Montañez\' surviving spouse. Over the objections of Prudence, the trial court awarded her the widow\'s share of the estate. \"

http://www.elder-law.com/1997/ISSUE436.HTML


\"In addition, if your assets are in your name, your spouse may be entitled to from one third to one half of your estate, depending on the state of where you live. In fact, in some states, a widow\'s share is equal to a child\'s share. \"

http://www.newyorklife.com/NYL2/Article/0,1234,11408,00.html


\"I received a letter from your law firm stating that your firm would represent Ms. Dawson in proceedings to recover the \"widow\'s share\" of my father\'s estate. \"

http://www.ishipress.com/pendleto.htm


Selected response from:

Sarah Ponting
Italy
Local time: 02:22
Grading comment
Thanks a lot, it's been very useful. Ioana
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2widow's share
Sarah Ponting
4portion reserved to the widow
Marian Greenfield


  

Answers


3 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
portion reserved to the widow


Explanation:
hard to say without at least a sentence of context, but I suspect that's it.

Marian Greenfield
Local time: 20:22
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 14617
Login to enter a peer comment (or grade)

14 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
widow's share


Explanation:
"The Widow's Share
The laws of most if not all states support the right of a surviving spouse to an "elective share." This is usually expressed as a percentage of the deceased spouse's estate.
For example, under a recent change in Tennessee law, the surviving spouse of a marriage of ten years in duration or longer is entitled to 40% of the deceased spouse's estate.
The right of a surviving spouse to "take against the will" of the deceased spouse is ancient, predating American jurisprudence. Under English law, a surviving spouse was given such rights to prevent the deceased spouse from leaving all of his property to his sons, thereby leaving his widow to the charity of the Church or the Crown.
Because the object of such charity was usually the husband, this claim of entitlement, which was written into the statutes of virtually every American state, came to be called the widow's share.
Was Edith Shearer the "wife" of Ralph Landolfi, thereby entitling her to a portion of his estate? Most states have abolished common law marriages. New York, where Ralph and Edith resided at the time of his death, abolished them in 1933. In a few states a couple may enter into a common law marriage. One such state is Pennsylvania.
Edith and Ralph met in 1971 on Long Island and shortly afterward began living together, continuously, until Ralph's death in 1996.To support her claim that she and Ralph were married under Pennsylvania law, Edith introduced evidence of a series of trips she and Ralph made to the state during the 1970s.
After Ralph retired, Edith and Ralph traveled widely together under the name "Landolfi." His passport identified Edith as his wife. A few of the trips they took were to Pennsylvania.
The New York probate court held that these infrequent and brief visits did not establish a common law marriage under the law of Pennsylvania.
Edith did not present convincing proof that she and Ralph ever exchanged informal marriage vows in the state. To the contrary, Edith testified that Ralph told her that due to family dissension, he did not want to get married.
Although Edith and Ralph lived together continuously for 25 years and casual acquaintances did believe they were married, their families knew they had never formally married and that a marriage ceremony had never taken place.
Because Edith was unable to prove by clear and convincing evidence that she was Ralph's common law wife, the court dismissed her case."

http://www.tn-elderlaw.com/prior/000313.html

--------------------------------------------------
Note added at 2002-07-11 15:08:15 (GMT)
--------------------------------------------------

\"Widow\'s share of residue. 5.—The provision for the widow made by section 4 is in addition and without prejudice to her interest and share in the residue of the property remaining after payment of the sum of four thousand pounds, in the same way as if such residue had been the whole of the deceased\'s estate and that section had not been passed.\"

http://193.120.124.98/1954_12.html


--------------------------------------------------
Note added at 2002-07-11 15:12:03 (GMT)
--------------------------------------------------

\"At the same time, Ray alleged that she was entitled to a share of the estate as Montañez\' surviving spouse. Over the objections of Prudence, the trial court awarded her the widow\'s share of the estate. \"

http://www.elder-law.com/1997/ISSUE436.HTML


\"In addition, if your assets are in your name, your spouse may be entitled to from one third to one half of your estate, depending on the state of where you live. In fact, in some states, a widow\'s share is equal to a child\'s share. \"

http://www.newyorklife.com/NYL2/Article/0,1234,11408,00.html


\"I received a letter from your law firm stating that your firm would represent Ms. Dawson in proceedings to recover the \"widow\'s share\" of my father\'s estate. \"

http://www.ishipress.com/pendleto.htm




Sarah Ponting
Italy
Local time: 02:22
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 171
Grading comment
Thanks a lot, it's been very useful. Ioana

Peer comments on this answer (and responses from the answerer)
agree  Russell Gillis: Good references, and concise!
1 hr
agree  Denabobina
3 hrs
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