Massachusetts Senate Bill S934

Massachusetts 2023-2024 Regular Session

• Introduced: 2/16/23
• Refer: 2/16/23

Caption

Relative to the elective share of surviving spouses

Impact

The proposed changes to the law could significantly impact how property and assets are distributed in the event of a spouse's death. By clarifying and potentially expanding the types of assets included in the elective share calculation, this bill may enhance the financial security of surviving spouses. Moreover, the amendments could alter the dynamics of estate planning, encouraging individuals to consider the rights of their spouses more carefully when making property transfers during their lifetime or through will provisions.

Summary

S934 is a legislative proposal in Massachusetts aimed explicitly at amending the elective share provisions for surviving spouses. The bill seeks to modify the current structure under which surviving spouses can claim a portion of their deceased spouse's estate. It specifically addresses the augmented estate, which includes the decedent's net probate estate and any nonprobate transfers to others. The intent is to provide a clearer mechanism by which surviving spouses can secure their financial interests after the death of their partner, particularly in instances where the decedent may have transferred significant assets outside of the probate process.

Contention

While S934 has clear objectives regarding the rights of surviving spouses, it may face opposition from individuals and groups concerned about potential overreach into personal property rights. Critics may argue that the bill could disrupt the intentions behind existing estate plans and undermine the ability of individuals to manage their assets according to personal wishes. This tension between the estate planning intentions of the deceased and the entitlements of the surviving spouse creates a scenario where the bill could spark significant debate among legislators, estate planners, and the general public.