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Sara Goldman Curley, a partner in the firm’s Trusts and Estates Department, published “A primer on the proposed elective share statute” in the November 2014 edition of REBAnews. The article discusses pending legislation to change the Massachusetts spousal elective share statute, which is the law that protects a married person from being disinherited by his or her spouse. The bill, which closely tracks the Uniform Probate Code, is supported by the Massachusetts Bar Association, Boston Bar Association and Women’s Bar Association; however the Real Estate Bar Association has not yet taken a position at this time. The bill is complicated and requires careful reading to understand as it addresses a complex problem that cannot be solved more simply.

Sara answers the following questions for real estate attorneys seeking to understand the proposed legislation: 

• Does Massachusetts have an elective share statute? 
• What’s wrong with the current law? 
• How would the proposed elective share statute work? 
• Should the Real Estate Bar be concerned about the proposal?

To view the article, click here.