Massachusetts General Laws ch. 190B sec. 2-102 – Share of spouse
Section 2–102. [Share of Spouse.]
Terms Used In Massachusetts General Laws ch. 190B sec. 2-102
- Decedent: A deceased person.
- Intestate: Dying without leaving a will.
The intestate share of a decedent‘s surviving spouse is:
(1) the entire intestate estate if:
(i) no descendant or parent of the decedent survives the decedent; or
(ii) all of the decedent’s surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent;
(2) the first $200,000, plus 3/4 of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent;
(3) the first $100,000 plus 1/2 of any balance of the intestate estate, if all of the decedent’s surviving descendants are also descendants of the surviving spouse and the surviving spouse has 1 or more surviving descendants who are not descendants of the decedent;
(4) the first $100,000 plus 1/2 of any balance of the intestate estate, if 1 or more of the decedent’s surviving descendants are not descendants of the surviving spouse.