Bill > H1809

This bill amends Massachusetts law to provide protection for homeowners' estates during the probate process by creating new provisions for staying civil actions and foreclosure proceedings when an estate is going through probate. Specifically, the bill allows an estate of homestead (a legal protection for a primary residence) to request a court stay (pause) of civil actions or foreclosure proceedings for at least 90 days if the ongoing probate process is materially affecting the estate's ability to make payments. To request a stay, the estate must provide documentation explaining how probate proceedings impact payment capabilities, including a letter from the bank indicating that probate prevents accessing the decedent's accounts. The bill also allows for additional stay extensions based on continuing probate challenges. If an additional stay is denied, the court must appoint counsel to represent the homestead. Once a personal administrator is appointed, creditors can pursue back payments with interest, but cannot charge late fees unless the court finds good cause, such as intentional delays by the administrator in probating the estate. The bill aims to provide temporary relief and protect families from immediate financial and legal pressures following the death of a homeowner.

Justice

https://malegislature.gov/Bills/194/H1809