Pending Legislation to Increase the Amount a Disinherited Spouse Can Receive
Recently, there has been much debate with respect to updating the "spousal elective share" statute in Massachusetts. This statute law allows a disinherited spouse to "elect against" their deceased spouse's Will and receive a mandatory share of the deceased spouse's estate, irrespective of the terms of the deceased spouse's will. Specifically, a disinherited spouse will receive a "life interest" in one-third of the deceased spouse's probate estate. If the deceased spouse left no offspring, the surviving spouse's share increases to one-half.
The ...