Surviving spouses may “elect” against the will to receive their spousal share rather than what the deceased spouse left them. The Massachusetts SJC rules that this creates an interest in real estate allowing the surviving spouse to file for its partition.
MA Land Court case holds that remaindermen cannot force sale of property in life estate. Margolis & Bloom, Wellesley and Boston, MA, 02481.
In Gordon v. Pappalardo the bankruptcy court rules that Massachusetts homestead protection does not apply to remainder interest in life estate property