Under Section 21 of the Homesteads Act, when an owner dies leaving a surviving spouse, the surviving spouse is entitled to what?

• A. The surviving spouse will receive a monetary inheritance only.
• B. The surviving spouse is entitled to a life estate in the homestead.
• C. The surviving spouse gets full ownership immediately.
• D. The surviving spouse has no rights.

Answer: (B)

The key idea is that the surviving spouse is given a life estate in the homestead. This means the spouse has the right to live in and use the home for the remainder of their life, providing secure occupancy, but it does not grant immediate full ownership. The underlying ownership remains tied to the deceased’s estate, and after the life tenant (the surviving spouse) dies, the property passes to the designated heirs or according to the will. So the surviving spouse isn’t owed a monetary inheritance alone, isn’t granted full ownership right away, and does have rights to live in the home.