Planning for Life

SJC Rules Surviving Spouse Gets Life Estate in Real Estate

Posted by Harry S. Margolis on January 15, 2019

By Harry S. Margolis

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There is just one exception to the American rule that you get to choose who gets your property after you die. As long as you're competent, you can give it to anyone, the postman, your babysitter from when you were a child, or the person who picked you up hitchhiking in the rain.

The one exception is protections for your surviving spouse. In Massachusetts, this is found at M.G.L. Ch. 191, Sec. 15. This is an odd or anachronistic law in that it creates a big distinction in the rights of the surviving spouse depending on whether the decedent's estate is worth more or less than $75,000.

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Topics: will in massachusetts, spousal share

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