Avon Area Estate Planning Attorney Brigitte von Weiss: MUPC § 2-404

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 discretionary family allowance (not to be confused with the exempt property statute). Under § 2-404(a) of the MUPC, the personal representative (person in charge of the estate) has the authority to pay a "family allowance" to the surviving spouse and "minor children whom the decedent was obligated to support and children  who were in fact being supported by the decedent."  

Unless the court orders otherwise, the personal representative's discretionary authority to pay a family allowance is capped at a lump sum of $18,000 or $1,500 per month for a period of one year.  M.G.L. c. 190B, § 2-405.  This family allowance provision allows for assistance to adult children if the adult children were being supported by the decedent.  M.G.L. c. 190B, § 2-404(a).

 

If there is a surviving spouse and the minor or dependent children do not reside with him or her, the personal representative has authority to pay the family allowance partially to the surviving spouse and partially to or for the benefit of any minor or dependent children "as their needs may appear."  M.G.L. c. 190B, § 2-404(a).

Under § 2-404(b) of the MUPC, the "discretionary family allowance is not chargeable against any benefit or share passing to the surviving spouse or children by the will of the decedent, unless otherwise provided, by intestate succession or by way of elective share."

 

The Comment to § 2-404 of the MUPC, states, in part, as follows:

In determining the amount of the family allowance, account should be taken of both the previous standard of living and the nature of other resources available to the family to meet current living expenses until the estate can be administered and assets distributed. While the death of the principal income producer may necessitate some change in the standard of living, there must also be a period of adjustment. If the surviving spouse has a substantial income, this may be taken into account. Whether life insurance proceeds payable in a lump sum or periodic installments were intended by the decedent to be used for the period of adjustment or to be conserved as capital may be considered. A living trust may provide the needed income without resorting to the probate estate. 

 

Obviously, need is relative to the circumstances, and what is reasonable must be decided on the basis of the facts of each individual case.

 

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 

 

close

This entry hasn't been re-blogged:

Re-Blogged By Re-Blogged At
Topic:
Mortgage / Finance
Location:
Massachusetts Norfolk County Avon
Tags:
estate planning
avon ma
avon ma estate planning attorney
avon ma estate planning
avon ma estate planning lawyer
avon ma wills

Spam prevention

What's the reason you're reporting this blog entry?

Are you sure you want to report this blog entry as spam?

Rainer
34,114

Brigitte von Weiss

Ask me a question
*
*
*
*
Spam prevention