Bill > S934

This bill proposes changes to the elective share of surviving spouses in Massachusetts. The key provisions are: 1. It defines the "augmented estate" which includes the decedent's probate estate, nonprobate transfers, and the surviving spouse's property. The surviving spouse has a right to an elective share of 50% of the marital-property portion of the augmented estate, with a minimum supplemental amount of $75,000 if the other amounts are less. 2. It outlines how the elective share is to be calculated and paid, prioritizing payments from the decedent's probate estate and certain nonprobate transfers before requiring contributions from other recipients of the decedent's nonprobate transfers. 3. It provides rules for waiving the elective share and other spousal rights, and protections for third parties who make payments or transfers before receiving notice of an intent to claim the elective share. 4. The proposed changes would apply to pre-existing governing instruments, except those that became irrevocable prior to the effective date of the act.

Justice

https://malegislature.gov/Bills/193/S934