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MA S967

MA S967
Relative to the elective share of surviving spouses


summary

Introduced
03/29/2021
In Committee
03/29/2021
Crossed Over
Passed
Dead
12/31/2022

Introduced Session

192nd General Court

Bill Summary

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

AI Summary

This bill aims to revise the laws regarding the elective share of surviving spouses in Massachusetts. It defines the "augmented estate" which includes the decedent's probate estate, nonprobate transfers, and the surviving spouse's own property. The surviving spouse has the right to elect to receive 50% of the marital-property portion of the augmented estate, with a minimum guarantee of $75,000 if the other amounts are less. The bill also specifies how the elective share is to be paid from the decedent's estate and other property transfers. Additionally, the bill allows for waivers of the elective share right and provides protections for third-party payors who make transfers before receiving notice of a claim for the elective share.

Committee Categories

Justice

Sponsors (1)

Last Action

Accompanied a study order, see S2665 (on 02/07/2022)

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