By Easton MA Estate Planning Attorney Brigitte von Weiss: MUPC § 2-404
By Brigitte von Weiss
(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 lu...
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