Massachusetts General Laws ch. 190B sec. 2-405 – Source, determination, and documentation
Section 2–405. [Source, Determination, and Documentation.]
Terms Used In Massachusetts General Laws ch. 190B sec. 2-405
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
If the estate is otherwise sufficient, property specifically devised may not be used to satisfy rights to exempt property. Subject to this restriction, the surviving spouse, guardians of minor children, or children who are adults may select property of the estate as exempt property. The personal representative may make those selections if the surviving spouse, the children, or the guardians of the minor children are unable or fail to do so within a reasonable time or there is no guardian of a minor child. The personal representative may execute an instrument or deed of distribution to establish the ownership of property taken as exempt property. The personal representative may determine the discretionary family allowance in a lump sum not exceeding $18,000 or periodic installments not exceeding $1,500 per month for 1 year, and may disburse funds of the estate in payment of the discretionary family allowance payable in cash. The personal representative or an interested person aggrieved by any selection, determination, payment, proposed payment, or failure to act under this section may petition the court for appropriate relief, which may include a discretionary family allowance other than that which the personal representative determined or could have determined.