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Bill > H1194


MA H1194

MA H1194
Correcting a procedural omission regarding actions against certain decedents under the Uniform Probate Court


summary

Introduced
01/20/2015
In Committee
12/05/2016
Crossed Over
12/01/2016
Passed
12/27/2016
Dead
Signed/Enacted/Adopted
01/05/2017

Introduced Session

189th General Court

Bill Summary

For legislation to correct procedural omissions regarding actions against certain decedents under the Uniform Probate Code. The Judiciary.

AI Summary

This bill aims to fix a procedural oversight in the Uniform Probate Code, which governs how estates are handled after someone dies. Specifically, it modifies Section 3-803 of Chapter 190B to allow lawsuits for personal injury or death against a deceased person's estate, even if a personal representative (the person legally responsible for managing the estate) hasn't been appointed. The key change is that such lawsuits must be filed within three years of the incident causing the injury or death, but no later than one year after the person died. Importantly, any money awarded in these lawsuits can only be collected from liability insurance or a bond, not from the deceased person's other assets. If no personal representative is appointed, the lawsuit can proceed by naming the deceased person as the defendant, and legal documents will be served on the insurance or bond provider. This correction is intended to apply to all legal claims that arose on or after March 31, 2012.

Committee Categories

Justice

Sponsors (1)

Last Action

Signed by the Governor, Chapter 364 of the Acts of 2016 (on 01/05/2017)

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