Mass. General Laws c.190B § 2-102

Share of spouse

This is an unofficial version of a Massachusetts General Law.

Section 2-102

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 .75 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 .5 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 .5 of any balance of the intestate estate, if 1 or more of the decedent's surviving descendants are not descendants of the surviving spouse.