reglab/housing_qa huggingface dataset:
MA Gen L ch IV § 4-201 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article IV - Foreign Fiduciaries|Section 4-201 - Payment of Debt and Delivery of Property to Domiciliary Foreign Personal Representative Without Local Administration

Section 4–201. [Payment of Debt and Delivery of Property to Domiciliary Foreign Personal Representative Without Local Administration.]  (a) At any time after the expiration of 60 days from the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or having possession or control of personal property, or of an instrument evidencing a debt, obligation, stock or chose in action belonging to the estate of the nonresident decedent, or holding personal property subject to a general power of appointment exercised by the will of a nonresident decedent duly admitted to probate in a foreign jurisdiction, may pay the debt, deliver the personal property, or the instrument evidencing the debt, obligation, stock or chose in action, to the domiciliary foreign personal representative of the nonresident decedent upon being presented with proof of appointment and an affidavit made by or on behalf of the representative stating:  (1) the date of the death of the nonresident decedent,  (2) that no local administration, or application or petition therefor, is pending in this state,  (3) that the domiciliary foreign personal representative is entitled to payment or delivery.  (b) Payment or delivery may be made to a foreign personal representative of a nonresident decedent appointed in a jurisdiction which was not the domicile of the decedent upon similar proof of appointment and affidavit, if such affidavit also states that there is no domiciliary foreign personal representative and no proceedings are pending for appointment of a personal representative in any court in the jurisdiction of the decedent's domicile and that the foreign personal representative is the personal representative appointed in the appointment proceeding first commenced.  (c) If such nonresident decedent owned tangible personal property located in the commonwealth at the time of death, or at any time during the twelve months preceding death had a permanent or temporary place of abode in the commonwealth, a foreign personal representative of the decedent shall not accept payment or delivery pursuant to this section earlier than one month after filing proof of his authority in accordance with section 4–204 with a copy to the commissioner of revenue.
MA Gen L ch IV § 4-101 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article IV - Foreign Fiduciaries|Section 4-101 - Definitions

Section 4–101. [Definitions.]  In this Article:  (1) ''Domiciliary foreign guardian or foreign conservator'', a foreign guardian or foreign conservator currently qualified and acting under appointment by a court of another jurisdiction in which the protected person is currently domiciled.  (2) ''Domiciliary foreign personal representative'', a foreign personal representative under the law of the jurisdiction of a decedent's domicile.  (3) ''Foreign guardian or foreign conservator'', a guardian or conservator who was appointed by a court of another jurisdiction to administer the estate of a minor or other protected person.  (4) ''Local administration'', administration by a personal representative appointed in the commonwealth pursuant to appointment proceedings described in article III.  (5) ''Local guardian or conservator'', a guardian or conservator appointed in the commonwealth pursuant to appointment proceedings described in article V, but excluding one who is merely a guardian ad litem.  (6) ''Local personal representative'', includes any personal representative appointed in the commonwealth pursuant to appointment proceedings described in article III and excludes foreign personal representatives who acquire the power of a local personal representative pursuant to section 4–205.  (7) ''Nonresident protected person'', a protected person who is currently domiciled in another jurisdiction.  (8) ''Protected person'', a minor or other person whose estate in the commonwealth or in any other jurisdiction is currently administered by a guardian or conservator appointed by a court.  (9) ''Resident creditor'', a person domiciled in, or doing business in the commonwealth, who is, or could be, a claimant against an estate of a non-resident decedent or a nonresident protected person.
MA Gen L ch IV § 4-205 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article IV - Foreign Fiduciaries|Section 4-205 - Powers

Section 4–205. [Powers.]  A domiciliary foreign personal representative who has complied with section 4–204 may exercise as to personal property in the commonwealth all powers of a local personal representative acting in a similar representative capacity and may maintain actions and proceedings in the commonwealth subject to any conditions imposed upon nonresident parties generally.
MA Gen L ch V § 4-401 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article V - Protection of Persons Under Disability and Their Property|Section 4-401 - Effect of Adjudication for or Against Personal Representative

Section 4–401. [Effect of Adjudication For or Against Personal Representative.]  An adjudication rendered in any jurisdiction in favor of or against any personal representative of the estate of a non resident decedent is as binding on the local personal representative as if the local personal representative were a party to the adjudication.
MA Gen L ch V § 5-420 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article V - Protection of Persons Under Disability and Their Property|Section 5-420 - Recording of Conservator's Letters

Section 5–420. [Recording of Conservator's Letters.]  (a) Letters of conservatorship are evidence of transfer of all assets or the part thereof specified in the letters, of a protected person to the conservator. An order terminating a conservatorship is evidence of transfer of all assets subjected to the conservatorship from the conservator to the protected person, or to successors of the person.  (b) Subject to the requirements of general statutes governing the filing or recordation of documents of title to land or other property, letters of conservatorship and orders terminating conservatorships, shall be filed or recorded in each registry district in which the protected person owns real property to give record notice of title as between the conservator and the protected person.
MA Gen L ch V § 5-419 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article V - Protection of Persons Under Disability and Their Property|Section 5-419 - Conservators; Title by Appointment

Section 5–419. [Conservators; Title By Appointment.]  (a) The appointment of a conservator vests in the conservator title as fiduciary to all property, or to the part thereof specified in the order, of the protected person, held at the time of appointment or thereafter acquired. An order vesting title to only a part of the property of the protected person creates a conservatorship limited to assets specified in the order.  (b) Except as otherwise provided herein, the interest of the protected person in property vested in a conservator by this section is not transferable or assignable by the protected person. An attempted transfer or assignment by the protected person, though ineffective to affect property rights, may generate a claim for restitution or damage.
MA Gen L ch V § 5-418 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article V - Protection of Persons Under Disability and Their Property|Section 5-418 - Accounts

Section 5–418. [Accounts.]  (a) Each conservator shall account to the court for administration of the trust not less than annually unless the court directs otherwise, upon resignation or removal and at other times as the court may direct. On termination of the protected person's minority or disability, a conservator shall account to the court. Subject to appeal or vacation within the time permitted, an order allowing an intermediate account of a conservator adjudicates as to liabilities of the conservator concerning the matters set forth therein or shown thereby; and an order allowing a final account adjudicates as to all previously unsettled liabilities of the conservator to the protected person or the protected person's successors relating to the conservatorship.  (b) A conservator or any interested person may petition for an order of complete settlement of an account. Notice shall be given in the manner prescribed by section 1–401 by the petitioner to all interested persons.  (c) An account shall state or contain:  (1) a listing of the balance of the prior account or inventory, receipts, disbursements and distributions during the reporting period and the assets of the estate under the conservator's control at the end of the reporting period;  (2) a listing of the services provided to the protected person; and  (3) any recommended changes in any conservatorship plan as well as a recommendation as to the continued need for conservatorship and any recommended changes in the scope of the conservatorship.  (d) If there are persons interested to whom notice has not been given, or if the interests of persons incapacitated or under disability are not represented except by the accountant, the court shall appoint as guardian ad litem an individual or any public or charitable agency to review the account and make appropriate recommendations to the court.  (e) Objections to a conservator's account shall be filed in the manner prescribed by section 1–401. After the time required for any notice has expired, upon proof of notice, and after any hearing that may be necessary, the court may enter an order or orders, on appropriate conditions, determining the persons entitled to distribution of the estate, and, as circumstances require, approving settlement and directing or approving distribution of the estate and discharging the conservator from further claim or demand of any interested person. Such discharge shall forever exonerate the conservator and the conservator's sureties from all liability under such decree unless the conservator's account is impeached for fraud or manifest error.  (f) The court shall establish a system for monitoring of conservatorships, including the filing and review of conservators' accounts and plans.
MA Gen L ch V § 5-417 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article V - Protection of Persons Under Disability and Their Property|Section 5-417 - Inventory and Records

Section 5–417. [Inventory and Records.]  (a) Within 90 days after qualification, each conservator shall prepare and file with the appointing court a detailed inventory of the estate subject to the conservatorship together with an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits. The conservator shall provide a copy thereof to the protected person if the person has attained the age of 14 years. A copy also shall be provided to any guardian or parent with whom the protected person resides.  (b) The conservator shall keep suitable records of the administration and exhibit the same on request of any interested person.
MA Gen L ch V § 5-416 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article V - Protection of Persons Under Disability and Their Property|Section 5-416 - General Duty of Conservator; Plan

Section 5–416. [General Duty of Conservator; Plan.]  (a) A conservator, in relation to powers conferred by this part, or implicit in the title acquired by virtue of the proceeding, shall act as a fiduciary and observe the standards of care applicable to trustees as described by chapter 203C.  (b) A conservator shall exercise authority only as necessitated by the mental and adaptive limitations of the protected person, and to the extent possible, encourage the person to participate in decisions, to act in the person's own behalf, and to develop or regain the ability to manage the person's estate and business affairs.  (c) The court may order a conservator to file with the appointing court a plan for managing, expending, and distributing the assets of the protected person's estate. The plan shall be based on the actual needs of the person and take into consideration the best interest of the person. The conservator shall include in the plan steps to develop or restore the person's ability to manage the person's property, an estimate of the duration of the conservatorship, and projections for expenses and resources.  (d) In investing an estate, selecting assets of the estate for distribution, and invoking powers of revocation or withdrawal available for the use and benefit of the protected person and exercisable by the conservator, a conservator shall take into account any estate plan of the person known to the conservator and may examine the will and any other donative, nominative, or other appointive instrument of the person.
MA Gen L ch V § 5-415 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article V - Protection of Persons Under Disability and Their Property|Section 5-415 - Petitions for Orders Subsequent to Appointment

Section 5–415. [Petitions for Orders Subsequent to Appointment.]  (a) Any person interested in the welfare of a person for whom a conservator has been appointed may file a petition in the appointing court for an order:  (1) requiring sureties or collateral or additional sureties or collateral, or reducing bond;  (2) requiring an inventory or accounting for the administration of the trust;  (3) directing distribution;  (4) removing the conservator and appointing a temporary or successor conservator; or  (5) granting other appropriate relief.  (b) A conservator may petition the appointing court for instructions concerning fiduciary responsibility.  (c) Upon notice and hearing, the court may give appropriate instructions or make any appropriate order.
MA Gen L ch V § 5-412 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article V - Protection of Persons Under Disability and Their Property|Section 5-412 - Acceptance of Appointment; Consent to Jurisdiction

Section 5–412. [Acceptance of Appointment; Consent to Jurisdiction.]  Prior to receiving letters, a conservator, temporary conservator and special conservator shall accept appointment by filing a bond containing a statement of acceptance of the duties of the office. By accepting appointment, a conservator submits personally to the jurisdiction of the court in any proceeding relating to the estate which may be instituted by any interested person. Notice of any proceeding shall be delivered to the conservator or mailed by registered or certified mail to the address as listed in the petition for appointment or as thereafter reported to the court and to the address as then known to the petitioner.
MA Gen L ch V § 5-421 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article V - Protection of Persons Under Disability and Their Property|Section 5-421 - Sale, Encumbrance, or Transaction Involving Conflict of Interest Voidable; Exceptions

Section 5–421. [Sale, Encumbrance, or Transaction Involving Conflict of Interest Voidable; Exceptions.]  Any sale or encumbrance to a conservator, the spouse, agent, attorney of a conservator or any corporation, trust, or other organization in which the conservator has a substantial beneficial interest, or any other transaction involving the estate being administered by the conservator which is affected by a substantial conflict between fiduciary and personal interests is voidable unless the transaction is approved by the court after notice as directed by the court.
MA Gen L ch V § 5-411 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article V - Protection of Persons Under Disability and Their Property|Section 5-411 - Terms and Requirements of Bonds

Section 5–411. [Terms and Requirements of Bonds.]  (a) The following requirements and provisions apply to any bond required under sections 5–208, 5–305 and 5–307:  (1) Bonds shall name the first judge of the court making the appointment and his successors as obligee for the benefit of the persons interested in the estate and shall be conditioned upon the faithful discharge by the fiduciary of all duties according to law.  (2) Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the guardian or conservator and with each other.  (3) By executing an approved bond of a guardian or conservator, the surety consents to the jurisdiction of the court that issued letters to the primary obligor in any proceeding pertaining to the fiduciary duties of the guardian or conservator and naming the surety as a party respondent. Notice of any proceeding on the bond shall be delivered to the surety or mailed by registered or certified mail to the address listed with the court at the place where the bond is filed and to the address as then known to the petitioner.  (4) On petition of a successor guardian or conservator or any interested person, a proceeding may be initiated against a surety for breach of the obligation of the bond of the guardian or conservator.  (5) The bond of the guardian or conservator is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted.  (6) If a new bond is required, the sureties on the prior bond shall be liable for all breaches of the conditions thereof committed before the new bond is approved and filed.  (7) In no event shall any surety be liable for any claim or cause of action arising out of or in any way connected with acts or omissions of the guardian or conservator occurring prior to the appointment of such person as guardian or conservator.  (b) No proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred.
MA Gen L ch V § 5-410 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article V - Protection of Persons Under Disability and Their Property|Section 5-410 - Bond

Section 5–410. [Bond.]  (a) A conservator, temporary conservator and special conservator shall furnish a bond conditioned upon faithful discharge of all duties of the trust according to law and containing a statement of acceptance of the duties of the office. A surety shall be required on the bond of a conservator, except the court may waive the requirement of sureties for good cause shown by the conservator. A bond with sureties shall be in the amount established by the court.  (b) Notwithstanding subsection (a), but subject to section 5–415, a conservator shall not be required to furnish sureties on his bond if the conservator has a priority for appointment under section 5–409(a)(1) and the person nominating the conservator expressly waives the requirement.
MA Gen L ch V § 5-409 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article V - Protection of Persons Under Disability and Their Property|Section 5-409 - Who May Be Appointed Conservator; Penalties

Section 5–409. [Who May Be Appointed Conservator; Priorities.]  (a) Subject to subsection (c), the court may appoint an individual or a corporation with general power to serve as trustee or conservator of the estate of a protected person. The following are entitled to consideration for appointment in the order listed:  (1) Unless lack of qualification or other good cause dictates the contrary, a person nominated in the protected person's most recent durable power of attorney;  (2) a conservator, guardian of property, or other like fiduciary appointed or recognized by an appropriate court of any other jurisdiction in which the protected person resides;  (3) an individual or corporation nominated by the protected person 14 or more years of age and of sufficient mental capacity to make an intelligent choice;  (4) an agent appointed by the protected person under a durable power of attorney;  (5) a parent of the protected person, or any parental nominee; and  (6) any person deemed appropriate by the court.  (b) The court, acting in the best interest of the protected person, may pass over a person having priority and appoint a person having a lower priority or no priority.  (c) An owner, operator, or employee of a long-term care institution at which the protected person is receiving care or a paid caretaker may not be appointed as conservator unless related to the protected person by blood, marriage, or adoption.