By Avon Area Estate Planning Attorney Brigitte von Weiss: MUPC § 2-403

By
Real Estate Attorney with 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 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. 

The author Attorney Brigitte von Weiss of VON WEISS LAW OFFICE is an estate planning lawyer and elder law attorney serving clients in Easton, MA, as well as nearby towns and cities, including Abington, MA, Avon, MA, Bridgewater, MA, Brockton, MA, Canton, MA, East Bridgewater, MA, Foxboro, MA, Mansfield, MA, Norton, MA, Randolph, MA, Raynham, MA, Rehoboth, MA, Rockland, MA, Sharon, MA, Stoughton, MA, West Bridgewater, MA, and Whitman, MA.  

 

Brigitte, a graduate of Boston College School of Nursing and an honors graduate of Loyola University of Chicago Law School, stands out from other elder law and estate planning attorneys in that she worked as a registered nurse for four years and earned a Master of Science in Taxation with high distinction from Bentley College.  This unique combination of legal, nursing and taxation backgrounds enables Brigitte to provide outstanding legal guidance to her clients in their time of need.  Call (508) 238-3005 for a free phone conversation with Brigitte to learn if she can help.  You also may reach her through her website at www.vonweisslaw.com.

ADDITIONAL RESOURCES: 

MUPC

Bristol County Family and Probate Court

Plymouth County Family and Probate Court

Norfolk County Family and Probate Court 

Avon Local News 

Avon MA Council on Aging 

Avon MA Council on Aging Calendar 

Avon MA Council on Aging Newsletter

ESTATE PLANNING

AARP estate planning article

Forbes magazine estate planning article

Kiplinger magazine estate planning article

USA newspaper estate planning article 

American Bar Association's Estate Planning FAQ's

New York Times article on estate planning

US News article on estate planning

Fox Business article on estate planning

Los Angeles Times article on estate planning  

COA'S

Abington MA Council on Aging

Avon MA Council on Aging

Bridgewater MA Office on Elder Affairs

Brockton MA Council on Aging

Canton MA Council on Aging

East Bridgewater MA Council on Aging

Easton MA Council on Aging

Mansfield MA Council on Aging

Norton MA Council on Aging

Randolph MA Council on Aging

Raynham MA Council on Aging

Rehoboth MA Council on Aging

Rockland MA Council on Aging

Sharon MA Council on Aging

Stoughton MA Council on Aging

West Bridgewater MA Council on Aging

Whitman MA Council on Aging 

 

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