Down Town Easton (Easton, MA)
By Brigitte von Weiss
(an Expertise in Estate Planning and Elder Law )
Website:  vonweisslaw.com The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012.  The MUPC contains certain family protection provisions meant to assist with the immediate support of surviving spouses and children. One such family protection provision is the exempt property statute (not to be confused with the discretionary family allowance). Under § 2-403(b) of the MUPC, the surviving spouse has the right to remain rent-free in the decedent’s house for six months after the decedent’s death.     Under § 2-403(a), the surviving spouse, or children if there is no surviving spouse, are entitled to up to $10,000 of exempt property from the decedent’s probate estate.   The $10,000 first comes from "household furniture, automobiles, furnishings, appliances and pe...
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By Brigitte von Weiss
(an Expertise in Estate Planning and Elder Law )
Website:  vonweisslaw.com  What happens if the will is older than the marriage?  The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012.  Before the MUPC, Massachusetts law provided that marriage invalidates a will in its entirety unless "it appears from the will that it was made in contemplation thereof."  Pretty simple and straightforward, right?    Under the new law, things are a bit more complex.  Under section 2-301 of MUPC, if a surviving spouse married the decedent after the decedent executed his or her final will, the surviving spouse receives a intestate share (what he or she would have gotten if no will) EXCEPT that the surviving spouse does not get an intestate share of those assets passing under the pre-marital will to the children of the deceden...
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Easton, MA Real Estate Professionals