HOMESTEAD - PROBLEM PERIOD
As a result of amendments and changes in the homestead statute, homesteads
created between December 5, 1977 and October 18, 1978 can be released only upon
the appointment of, and the joining in a deed by, a court-appointed guardian for
minor unmarried children. The only exception to this requirement of a
court-appointed guardian is when the instrument creating the homestead
specifically reserved the right on behalf of the husband and wife, or the
survivor, to release the rights of minor unmarried children. If you have any
questions regarding homesteads created during this problem period, please call
your local Old Republic Title office.
The limited right of dower or curtesy, as it now exists, is waived upon failure to file an election or claim thereof within six months after the date of approval of the bond of the executor or administrator of the deceased· Thus, the only time you will have to concern yourself with the question of dower or curtesy is if an such an election is filed in a Probate in the chain of title.