Introduction:

When creating a last will and testament, individuals often wish to provide for their spouse after their passing. To safeguard the surviving spouse’s interests, many jurisdictions, including Connecticut and Massachusetts, have specific laws regarding the spousal share in a will. This blog post will explore the spousal share provisions in the estate laws of Connecticut and Massachusetts, highlighting the similarities and differences between the two states.

Connecticut Spousal Share:

In Connecticut, the spousal share is designed to protect a surviving spouse from being disinherited. Under Connecticut law, a surviving spouse is entitled to a statutory share of the deceased spouse’s estate, regardless of the terms of the will. This share is known as the elective share, and it ensures that the surviving spouse receives a fair portion of the deceased spouse’s assets.

The amount of the elective share in Connecticut is one-third in value of all the property passing under the will, real and personal, legally or equitably owned by the deceased spouse at the time of his or her death, after the payment of all debts and charges against the estate. The right to such third shall not be defeated by any disposition of the property by will to other parties. That means you cannot write your spouse out of the will.

Massachusetts Spousal Share:

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.

The Massachusetts statute is a bit complicated and written in a very unclear matter. The surviving spouse’s share differs depending on what other relatives the deceased spouse leaves. Here are the possible shares:

1. If the deceased spouse left issue (children and grandchildren), the surviving spouse receives $25,000 plus a life interest in a third of the remaining estate;
2. If the deceased spouse left no issue but other relatives, the surviving spouse receives $25,000 plus a life interest in half the remaining estate; and
3. If the deceased spouse had no other relatives, the surviving spouse receives $25,000 plus half the remaining estate outright.

The surviving spouse must elect to waive the will within six months of the deceased spouse’s death.

Comparison and Conclusion:

While both Connecticut and Massachusetts have provisions to protect the surviving spouse’s interests, there are notable differences in their respective spousal share laws.

If you reside in Connecticut or Massachusetts and are in the process of creating a will, it is crucial to familiarize yourself with the specific laws regarding the spousal share to ensure your wishes are accurately reflected and your spouse’s interests are protected.

As estate laws can be complex and subject to change, consulting with an experienced estate planning attorney is always recommended to navigate these matters effectively and ensure compliance with state laws.