James and Linda are married and jointly own their primary residence in Brookline, Massachusetts. James files a Declaration of Homestead in his name only at the Norfolk County Registry of Deeds. Later, James passes away. Under MGL Chapter 188, which of the following best describes the homestead protection status of the surviving spouse Linda?
Correct Answer
A) Linda retains the full $500,000 declared homestead protection as a surviving spouse under MGL Chapter 188
Under MGL Chapter 188, a Declaration of Homestead filed by one spouse protects both spouses and their minor children who occupy the property as their primary residence. Upon the death of the declarant (James), the surviving spouse (Linda) retains the full $500,000 declared homestead protection. The statute provides that the homestead estate continues for the benefit of the surviving spouse and minor children. Linda does not need to re-record a new declaration to maintain the $500,000 protection.
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