Bill
Bill > H1596
MA H1596
MA H1596Relative to protection of a deceased family member against foreclosure and other civil action
summary
Introduced
02/16/2023
02/16/2023
In Committee
02/16/2023
02/16/2023
Crossed Over
Passed
Dead
12/31/2024
12/31/2024
Introduced Session
193rd General Court
Bill Summary
Relative to protection of deceased family members against foreclosure and other civil action. The Judiciary.
AI Summary
This bill aims to protect the estates of deceased family members from foreclosure and other civil actions during the probate process. The key provisions include:
1. Allowing the court to stay a foreclosure action or enforcement of a lien on a homestead estate for at least 90 days if the estate submits an application demonstrating how the ongoing probate proceedings materially affect the estate's ability to make payments.
2. Allowing the estate to apply for additional stays based on the continuing material effect of the probate proceedings on the estate's ability to make payments.
3. Requiring the court to appoint counsel to represent the homestead if it refuses to grant an additional stay.
4. Allowing creditors to bring claims for back payments with interest once a personal administrator is appointed, but prohibiting creditors from charging fees based on late payments unless the court finds good cause to do so, such as purposeful or untimely delay by the administrator in getting court approval to probate the estate.
The bill aims to provide a temporary reprieve for estates of deceased family members during the probate process, while still allowing creditors to recover back payments once a personal representative is appointed.
Committee Categories
Justice
Sponsors (2)
Last Action
Accompanied a study order, see H4517 (on 06/05/2024)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://malegislature.gov/Bills/193/H1596 |
| BillText | https://malegislature.gov/Bills/193/H1596.pdf |
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