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By Avon Area Estate Planning Attorney Brigitte von Weiss: MUPC § 2-403
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 personal effects."  Also, under § 2-403(a), "these rights are in addition to any benefit or share passing to the surviving spouse or children by the decedent's will, unless otherwise provided, or intestate succession, or by way of elective share."   However, under § 2-405, "[i]f the estate is otherwise sufficient, property specifically devised may not be used to satisfy rights to exempt property."
Nothing in this blog should be considered legal advice as this is a complicated area of the law. 
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