MA S879

Bill

Relative to the elective share of surviving spouses

Introduced
01/22/2019

In Committee
01/22/2019

Crossed Over

Passed

Dead
12/31/2020

Introduced Session

191st General Court

Bill Summary

For legislation relative to the elective share of surviving spouses. The Judiciary.

AI Summary

This bill proposes changes to the elective share of surviving spouses in Massachusetts. The key provisions are: 1. The surviving spouse of a decedent who dies domiciled in Massachusetts has the right to elect to take 50% of the value of the "marital-property portion" of the decedent's "augmented estate", which includes the decedent's probate estate, certain nonprobate transfers by the decedent, and the surviving spouse's own property and nonprobate transfers. The "marital-property portion" is determined based on the length of the marriage. 2. The surviving spouse may also be entitled to a supplemental elective-share amount of up to $75,000 if the other amounts are less than that. 3. The bill provides detailed rules for determining the composition of the "augmented estate" and the sources from which the elective share is payable, including the decedent's probate estate and certain nonprobate transfers. 4. The bill also includes provisions regarding waiver of the elective share right, protection of third-party payors, and application of the new rules to pre-existing governing instruments. The bill aims to modernize and clarify the law regarding the elective share rights of surviving spouses in Massachusetts.

Committee Categories

Justice

Sponsors (1)

Cynthia Creem (D),

Last Action

Accompanied a study order, see S2496 (on 02/03/2020)

Official Document

https://malegislature.gov/Bills/191/S879

(12 Companion Bills)

Version:

Document Type	Source Location
State Bill Page	https://malegislature.gov/Bills/191/S879
Bill	https://malegislature.gov/Bills/191/S879.pdf

Bill	Bill Name	Last Action	Type
H2286	To provide certain employees in the department of corrections with line of duty death benefits	Accompanied a study order, see H4722	Similar To
H2314	Relative to public safety employee death benefits	Accompanied a study order, see H4722	Similar To
H2317	Providing fair and equitable line of duty death benefits for public employees	Accompanied S1554	Similar To
H4006	Providing for line-of-duty death benefits for firefighters	Accompanied a study order, see H5031	Similar To
S1483	Concerning health insurance benefits for surviving spouses of firefighters in the city of Boston	Signed by the Governor, Chapter 94 of the Acts of 2020	Similar To
S1508	To provide certain retirement benefits and medical benefits to the widow and children of Everett Firefighter Thaddeus M Baxter, Jr.	New draft substituted, see S2332	Similar To
S1515	Relative to death benefits to surviving spouses of call and volunteer firefighters	Accompanied H2264	Similar To
S1535	Relative to line of duty death benefits	Accompanied a study order, see S2545	Similar To
S1583	Relative to surviving family members of public emergency medical technicians	Accompanied H2360	Similar To
S1596	Relative to line of duty death benefits	Accompanied a study order, see S2545	Similar To
S2332	Authorizing the city of Everett to provide certain death, retirement and medical benefits to the widow and children of deceased firefighter Thaddeus M Baxter, Jr.	Enacted and laid before the Governor	Similar To
S2496	Order relative to authorizing the joint committee on the Judiciary to make an investigation and study of certain current Senate documents relative to judicial issues	Discharged to the committee on Senate Rules	Replaced by

Bill > S879

MA S879

summary

Introduced Session

Bill Summary

AI Summary

Committee Categories

Sponsors (1)

Last Action

Official Document

bill text

bill summary

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