Bill

Bill > H2818


MA H2818

MA H2818
To provide for good faith reliance on a valid power of attorney, estate planning flexibility in the creation of joint tenancies and tenancies by the entirety and reinstatement of joint tenancy upon redemption of a writ of execution


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

187th General Court

Bill Summary

Relative to power of attorney, estate planning and joint tenancies upon redemption of a writ of execution. The Judiciary.

AI Summary

This bill aims to provide greater flexibility and clarity in estate planning and property ownership by ensuring that actions taken in good faith reliance on a valid power of attorney are protected, even if the principal later revokes it, provided the revocation is properly recorded for real estate transactions. It also modifies rules regarding joint tenancies and tenancies by the entirety, making it easier to create these ownership structures, including allowing unequal shares in joint tenancies and clarifying how conveyances between spouses or to multiple individuals create these tenancies. Furthermore, the bill addresses situations where a debtor's property held in joint tenancy is subject to a writ of execution (a court order to seize property to satisfy a debt), allowing the joint tenancy to be re-established if the property is redeemed, even after the debtor's death under certain conditions.

Committee Categories

Justice

Sponsors (1)

Last Action

Accompanied a study order, see H4364 (on 07/31/2012)

bill text


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