reglab/statecodes huggingface dataset:
2023 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 201d - Health Care Proxies › Section 3 - Eligibility to Serve as Agent

Section 3. No person who is an operator, administrator or employee of a facility may be appointed as health care agent by an adult, who, at the time of executing the health care proxy is a patient or resident of such facility or has applied for admission to such facility unless said operator, administrator or employee is related to the principal by blood, marriage or adoption.
2023 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 201d - Health Care Proxies › Section 4 - Contents of Proxy

Section 4. The health care proxy shall:
(i) identify the principal and the health care agent;
(ii) indicate that the principal intends the agent to have authority to make health care decisions on the principal's behalf;
(iii) describe the limitation, if any, that the principal intends to impose upon the agent's authority; and
(iv) indicate that the agent's authority shall become effective if it is determined pursuant to section six that the principal lacks capacity to make health care decisions.
2023 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 201d - Health Care Proxies › Section 5 - Authority of Agent

Section 5. An agent shall have the authority to make any and all health care decisions on the principal's behalf that the principal could make, including decisions about life-sustaining treatment, subject, however, to any express limitations in the health care proxy.
After consultation with health care providers, and after full consideration of acceptable medical alternatives regarding diagnosis, prognosis, treatments and their side effects, the agent shall make health care decisions: (i) in accordance with the agent's assessment of the principal's wishes, including the principal's religious and moral beliefs, or (ii) if the principal's wishes are unknown, in accordance with the agent's assessment of the principal's best interests.
Notwithstanding any general or special law to the contrary, the agent shall have the right to receive any and all medical information necessary to make informed decisions regarding the principal's health care, including any and all confidential medical information that the principal would be entitled to receive.
Health care decisions by an agent pursuant to a health care proxy on a principal's behalf shall have the same priority over decisions by any other person, including a person acting pursuant to a durable power of attorney as would decisions by the principal, when competent, except as otherwise provided in the health care proxy or by specific court order overriding the proxy.
A physician who is provided with a health care proxy shall arrange for the proxy or a copy thereof to be inserted in the principal's medical record.
A health care provider shall comply with health care decisions made by an agent under a health care proxy to the same extent as if such decisions have been made by the principal, subject to any limitations in the health care proxy, or in any specific court order.
2023 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 201d - Health Care Proxies › Section 6 - Incapacity of Patient; Regained Capacity

Section 6. The authority of a health care agent shall begin after a determination is made, pursuant to the provisions of this section, that the principal lacks the capacity to make or to communicate health care decisions. Such determination shall be made by the attending physician according to accepted standards of medical judgment. The determination shall be in writing and shall contain the attending physician's opinion regarding the cause and nature of the principal's incapacity as well as its extent and probable duration. This written determination shall be entered into the principal's permanent medical record.
If the attending physician determines that a patient lacks capacity because of mental illness or developmental disability, the attending physician who makes the determination must have, or must consult with a health care professional who has, specialized training or experience in diagnosing or treating mental illness or developmental disabilities of the same or similar nature in making such determination.
A physician who has been appointed as a patient's agent shall not make the determination of the patient's capacity to make health care decisions.
Notice of a determination that a principal lacks capacity to make health care decisions shall promptly be given orally and in writing: (i) to the principal, where there is any indication of the principal's ability to comprehend such notice; (ii) to the agent; and (iii) if the patient is in or is transferred from a mental health facility, to the facility director.
A determination made pursuant to this section that a principal lacks capacity to make health care decisions is solely for the purpose of empowering an agent to make health care decisions pursuant to a health care proxy.
Notwithstanding a determination pursuant to this section that the principal lacks capacity to make health care decisions, where a principal objects to a health care decision made by an agent pursuant to a health care proxy the principal's decisions shall prevail unless the principal is determined to lack capacity to make health care decisions by court order.
In the event the attending physician determines that the principal has regained capacity:
(i) the authority of the agent shall cease, but shall recommence if the principal subsequently loses capacity; and (ii) the principal's consent for treatment shall be required.
2023 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 201d - Health Care Proxies › Section 7 - Revocation of Proxy

Section 7. A principal may revoke a health care proxy by notifying the agent or a health care provider orally or in writing or by any other act evidencing a specific intent to revoke the proxy.
For the purposes of this section, every principal shall be presumed to have the capacity to revoke a health care proxy unless determined otherwise pursuant to court order.
A health care proxy shall also be revoked upon: (i) execution by the principal of a subsequent health care proxy, or (ii) the divorce or legal separation of the principal and his spouse, where the spouse is the principal's agent under a health care proxy.
A physician who is informed of or provided with a revocation of a health care proxy shall immediately record the revocation in the principal's medical record and notify orally and in writing the agent and any health care providers known by the physician to be involved in the principal's care of the revocation. Any agent or member of the nursing staff informed of or provided with a revocation of a health care proxy pursuant to this section shall immediately notify the attending physician of such revocation.
2023 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 201d - Health Care Proxies › Section 8 - Liability of Health Care Providers and Agents

Section 8. No health care provider or employee thereof shall be subject to criminal or civil liability or be deemed to have engaged in unprofessional conduct, for carrying out in good faith a health care decision by an agent pursuant to a health care proxy.
No person acting as agent pursuant to a health care proxy shall be subject to criminal or civil liability for making a health care decision in good faith pursuant to this chapter.
2023 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 201d - Health Care Proxies › Section 9 - Liability for Health Care Costs

Section 9. Liability for the cost of health care provided pursuant to an agent's decision shall be the same as if the health care were provided pursuant to the principal's decision.
2023 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 201d - Health Care Proxies › Section 10 - Coercion; Execution of Proxy

Section 10. A person may not require or prohibit the execution of a health care proxy by an individual as a condition for providing health care services or insurance of such individual.
2023 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 201d - Health Care Proxies › Section 11 - Foreign Proxies; Enforceability

Section 11. Nothing in this chapter shall limit the enforceability of a health care proxy or similar instrument executed in another state or jurisdiction in compliance with the law of that state or jurisdiction; provided, however, that no person or health care provider or facility shall be required to enforce such proxy where to do so would violate sections fourteen and fifteen herein; provided, further, that all the responsibilities of a person, health care provider or facility are fulfilled as required under said sections fourteen and fifteen.
2023 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 201d - Health Care Proxies › Section 12 - Suicide or Mercy Killing

Section 12. Nothing in this chapter shall be construed to constitute, condone, authorize, or approve suicide or mercy killing, or to permit any affirmative or deliberate act to end one's own life other than to permit the natural process of dying.
2023 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 201d - Health Care Proxies › Section 13 - Pain Alleviation; Comfort Care Procedures

Section 13. Nothing in this chapter shall preclude any medical procedure deemed necessary by the attending physician to provide comfort care or pain alleviation. Such procedures shall include but not be limited to treatment with sedatives and pain-killing drugs; non-artificial oral feeding; suction; and hygenic care.
2023 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 201d - Health Care Proxies › Section 14 - Physicians; Refusal to Honor Proxy

Section 14. Notwithstanding any provisions herein to the contrary, nothing in this chapter shall be construed to require a physician to honor an agent's health care decision that the physician would not honor if the decision had been made by the principal because the decision is contrary to the moral or religious views of the physician; provided, however, that the patient is transferred to another physician in the same facility, or in an equivalent facility that is reasonably accessible to the patient's family, who is willing to honor the agent's decision. If the physician or the agent is unable to arrange such a transfer, the physician shall seek judicial relief or honor the agent's decision.
Refusal to carry out actions requested by the agent when those actions would be contrary to the moral or religious views of the physician or other individual health provider shall not be grounds for dismissal, suspension, demotion, failure to promote, discrimination in hiring, withholding of pay or refusal to grant financial assistance under any state aided project, or used in any way to the detriment of that individual in any hospital, clinic, medical, premedical, nursing, social work, or psychology school or state aided program or institution which is supported in whole or in part by the commonwealth; provided, however, that individuals fulfill all the responsibilities required under section fourteen or fifteen.
2023 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 201d - Health Care Proxies › Section 15 - Private Facilities; Refusal to Honor Proxy

Section 15. Notwithstanding any provisions herein to the contrary, nothing in this chapter shall be construed to require a private facility to honor an agent's health care decision that the facility would not honor if the decision had been made by the principal because the decision is contrary to a formally adopted policy of the facility that is expressly based on religious beliefs and the facility would be permitted by law to refuse to honor the decision if made by the principal, provided:
(a) the facility has informed the patient or the health care agent of such policy prior to or upon admission, if reasonably possible; and
(b) the patient is transferred to another equivalent facility that is reasonably accessible to the patient's family and willing to honor the agent's decision. If the facility or the agent is unable to arrange such a transfer, the facility shall seek judicial guidance or honor the agent's decision.
2023 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 201d - Health Care Proxies › Section 16 - Lack of Proxy; Effect

Section 16. In those instances that a health care proxy has not been executed, nothing herein shall preclude a health care provider from relying upon the informed consent of responsible parties on behalf of incompetent or incapacitated patients to the extent permitted by law.
Nothing in this chapter shall invalidate a power of attorney delegating the authority to make health care decisions executed prior to the enactment of this chapter.
A competent adult's failure to appoint a health care agent or to provide the agent with specific health care instructions pursuant to this article shall create no presumptions regarding the adult's wishes about health care.
2023 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 201d - Health Care Proxies › Section 17 - Disputes; Court Proceedings

Section 17. The health care provider, the conservator for, or guardian of the principal, members of the principal's family, a close friend of the principal, or the commissioner of public health may commence a special proceeding in a court of competent jurisdiction, with respect to any dispute arising under this chapter, including, but not limited to, a proceeding to:
(i) determine the validity of the health care proxy;
(ii) have the agent removed on the ground that the agent is not reasonably available, willing and competent to fulfill his or her obligations under this chapter or is acting in bad faith; or
(iii) override the agent's decision about health care treatment on the grounds that: the decision was made in bad faith or the decision is not in accordance with the standards set forth in section five.
2023 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 201f - Caregiver Authorization Affidavits › Section 1 - Definitions

Section 1. As used in this chapter the following words shall have the following meanings, unless the context clearly indicates otherwise:—
''Authorizing party'', a parent, legal guardian or legal custodian who authorizes a caregiver to act under a caregiver authorization affidavit.
''Caregiver'', an adult with whom a minor resides.
''Caregiver authorization affidavit'', an affidavit prepared pursuant to this chapter that authorizes a designated caregiver to act relative to a minor's education and health care.
''Parental rights and responsibilities'', rights and responsibilities of a parent, legal guardian or legal custodian under state or federal law or court order.
2023 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 201f - Caregiver Authorization Affidavits › Section 2 - Caregiver Authorization to Exercise Parental Rights and Responsibilities; Education and Health Care

Section 2. A parent, legal guardian or legal custodian of a minor, by a caregiver authorization affidavit, may authorize a designated caregiver to exercise certain concurrent parental rights and responsibilities relative to a designated minor's education and health care, as described in section 3. If a conflicting decision is made under these concurrent rights and responsibilities, the decision of the authorizing party shall supersede the decision of the caregiver.
The caregiver authorization affidavit shall only authorize those rights and responsibilities that the authorizing party possesses and shall not divest the authorizing party of his rights or responsibilities.
The authorizing party shall not use a caregiver authorization affidavit to circumvent any state or federal law, solely for the purposes of attendance at a particular school, or to re-confer rights to a caregiver from whom those rights have been removed by a court of law.
2023 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 201f - Caregiver Authorization Affidavits › Section 3 - Caregiver Rights and Responsibilities

Section 3. Under a caregiver authorization affidavit, a caregiver may:
(1) consent to medical, surgical, dental, developmental, mental health or other treatment for the minor under the supervision or upon the advice of a health care professional licensed to practice in the commonwealth;
(2) exercise parental rights to obtain records and other information with regard to health care services and insurance provided to the minor; and
(3) make educational decisions on behalf of the minor and in all other ways stand in for the authorizing party with respect to federal, state and district educational policy, including, but not limited to, accessing the minor's educational records, representing the minor in enrollment, disciplinary, curricular, special education or other educational matters, signing permission slips for school activities and any other decision that facilitates the minor's educational experience.
2023 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 201f - Caregiver Authorization Affidavits › Section 4 - Reliance on Caregiver Authorization Affidavit; Liability

Section 4. A person who relies on a caregiver authorization affidavit that is consistent with the requirements of this chapter has no obligation to make any further inquiry or investigation and shall not incur any criminal or civil liability or be subject to professional discipline for doing so, unless he knows facts contrary to the affidavit or knows that an authorizing party has made a decision to supersede the caregiver's decision. Nothing in this chapter shall relieve a person from liability arising from other provisions of the law.
2023 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 201f - Caregiver Authorization Affidavits › Section 5 - Content of Affidavit

Section 5. The caregiver authorization affidavit shall include the following information:—
(1) the name, address and telephone number of the parent, legal guardian or legal custodian;
(2) the name, address and telephone number of the caregiver;
(3) the name and date of birth of the minor;
(4) the relationship of the caregiver to the minor;
(5) a statement by the authorizing party that there are no court orders in effect that would prohibit him from exercising or conferring the rights and responsibilities that he seeks to confer upon the caregiver;
(6) a statement of the authority being conferred and of any prohibitions; and
(7) a statement that the affidavit is not for the purposes of circumventing any state or federal law, for the purposes of attendance at a particular school, or to re-confer rights to a caregiver from whom those rights have been removed by a court of law.
The affidavit shall be signed under the pains and penalties of perjury by the authorizing party in the presence of 2 adult witnesses, neither of whom may be the caregiver and the affidavit shall be notarized. The affidavit also shall be signed by the caregiver, who shall attest to being an adult with whom the minor resides.
The caregiver authorization affidavit may be valid for up to 2 years and may be reauthorized. The authorizing party may reauthorize, amend or revoke the caregiver authorization affidavit by notifying the caregiver in writing. The authorizing party shall provide the amended affidavit or revocation to all parties to whom he has provided the original affidavit. The caregiver shall provide the amended affidavit or revocation to all parties to whom he has provided the original affidavit prior to further exercising any rights or responsibilities under the affidavit.
2023 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 202 - Sales, Mortgages and Leases of Real Estate by Executors, Administrators, Guardians and Conservators › Section 1 - Realty; Sale to Satisfy Debts

Section 1. If the personal property of a deceased person is insufficient to pay his debts, legacies and charges of administration, his executor or administrator shall, for the purpose of paying such debts, legacies or charges of administration, sell his real estate in the manner hereinafter provided, and the proceeds thereof shall be assets in the hands of the executor or administrator in like manner as if they had originally been part of the personal property of the deceased.
2023 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 202 - Sales, Mortgages and Leases of Real Estate by Executors, Administrators, Guardians and Conservators › Section 2 - Realty Subject to Sale

Section 2. The real estate so liable to be sold shall include all land of the deceased, all rights of entry and of action and all other rights and interests in land, which would descend to his heirs or would have been liable to attachment or execution by a creditor of the deceased in his lifetime; but the title passed by any such sale shall, except as provided in the following section, be subject to the dower of the wife or curtesy of the husband of the deceased. No claim by entry or by action to land fraudulently conveyed by the deceased shall be made unless within five years after the decease of the grantor.
2023 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 202 - Sales, Mortgages and Leases of Real Estate by Executors, Administrators, Guardians and Conservators › Section 3 - Realty Subject to Curtesy or Dower; Sale; Proceeds

Section 3. Upon a petition by an executor or administrator to sell real estate of a deceased person, if it shall appear that a surviving husband is or may be entitled to an estate of curtesy, or a surviving wife to an estate of dower in the premises to be sold, the probate court may, if the petitioner so requests, and after notice, license him to sell the same free and clear of any such interest or claim on the part of the surviving husband or wife. One third of the proceeds of the sale shall thereupon be set apart for the period during which such curtesy or dower may be claimed; and if a claim is duly made therefor, the court shall appoint a trustee to administer the same in accordance with section thirty-five of chapter two hundred and forty-one, unless the parties in interest shall otherwise agree upon a division of the proceeds without the appointment of a trustee, and the probate court may approve any such agreement on the part of the executor or administrator.
2023 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 202 - Sales, Mortgages and Leases of Real Estate by Executors, Administrators, Guardians and Conservators › Section 4 - Undevised Realty; Priority of Disposition

Section 4. Real estate not devised shall be first chargeable with the payment of debts, legacies or charges of administration in exoneration of real estate devised, unless a different intention appears by the will.
2023 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 202 - Sales, Mortgages and Leases of Real Estate by Executors, Administrators, Guardians and Conservators › Section 4a - Rents and Profits; Payment of Debts; Limitations

Section 4A. If the personal property of a deceased person appears to be insufficient to pay his debts, the probate court may, subject to the rights of the surviving spouse under section one of chapter one hundred and ninety-six, after notice, authorize the executor or administrator to take charge of the real property of the deceased or any part thereof and collect the rents thereof for such period of time as the court deems proper, and, during such period, to make necessary repairs and do all other things which it may consider needful for the preservation of such real property and as a charge on the interest of the decedent therein; provided, that if any person interested in the estate shall give bond as provided in section thirteen, no such authorization shall be given. The balance, if any, of said rents, subject to rights of dower and curtesy, and the rights of the surviving spouse and minor children of the decedent under section two of chapter one hundred and ninety-six, shall be assets in the hands of the executor or administrator for the payment of debts in like manner as are the proceeds of real property sold for the payment of debts. An order giving authority to the executor or administrator as aforesaid shall have effect, notwithstanding an appeal therefrom, until it is otherwise ordered by a justice of the supreme judicial court.
2023 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 202 - Sales, Mortgages and Leases of Real Estate by Executors, Administrators, Guardians and Conservators › Section 5 - Realty of Ward; Sale

Section 5. If the personal property in the hands of a guardian or conservator is insufficient to pay the debts of the ward, with the charges of managing his estate, the guardian or conservator may be licensed to sell the ward's real estate for that purpose or for the purpose of raising money with which to pay, in whole or in part, any encumbrance existing thereon when the title thereto came to his ward, in like manner and upon like terms, except as hereinafter provided, as are provided for a sale of real estate by an executor or administrator.
2023 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 202 - Sales, Mortgages and Leases of Real Estate by Executors, Administrators, Guardians and Conservators › Section 6 - Grant of License

Section 6. A license to an executor or administrator to sell the real estate of a deceased person or to a guardian or conservator to sell the real estate of his ward may be granted by the probate court appointing him.
2023 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 202 - Sales, Mortgages and Leases of Real Estate by Executors, Administrators, Guardians and Conservators › Section 7 - Petition; Contents

Section 7. To obtain such license, the executor, administrator, guardian or conservator shall file a petition stating the value of the personal property in his hands, the amount of the charges of administration or management, the amount of debts due from the deceased or ward, as nearly as can be ascertained, and, if a person dies testate, the amount of any legacies given in his will. If it is necessary to sell a part only of the real estate, the value, description and condition of the part which it is proposed to sell may also be set forth, and the court may direct what specific part shall be sold.
2023 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 202 - Sales, Mortgages and Leases of Real Estate by Executors, Administrators, Guardians and Conservators › Section 8 - Realty; Detrimental Effect of Partial Sale; Disposition of Whole Estate

Section 8. If it is represented in such petition and appears to the court to be necessary to sell a part of the real estate, and that by such partial sale the residue of the property or of a specific part or piece thereof would be greatly injured, the court may license a sale of the whole or any part thereof.
2023 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 202 - Sales, Mortgages and Leases of Real Estate by Executors, Administrators, Guardians and Conservators › Section 9 - Marshaling Assets; Testamentary Provisions

Section 9. If a will contains a provision for the payment of debts, or which may require or induce the court to marshal the assets in a manner different from that which the law would otherwise provide, the executor shall set forth in the petition a copy of the will, and the court shall marshal the assets accordingly, so far as can be done consistently with the rights of the creditors.
2023 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 202 - Sales, Mortgages and Leases of Real Estate by Executors, Administrators, Guardians and Conservators › Section 10 - Notice of Petition; Service

Section 10. No license to sell real estate shall be granted to an executor or administrator until notice of the petition and of the time and place appointed for hearing the same has been given by serving such notice personally on all persons interested in the estate at least fourteen days before the time appointed for the hearing, or by publication at such times and in such newspaper as the court orders.
2023 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 202 - Sales, Mortgages and Leases of Real Estate by Executors, Administrators, Guardians and Conservators › Section 11 - Notice of Petition; Interested Persons

Section 11. No license to sell real estate shall be granted to a guardian or conservator until such notice as the court orders has been given to the next of kin of the ward, to all his heirs apparent or presumptive, and to all persons interested in the estate.
2023 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 202 - Sales, Mortgages and Leases of Real Estate by Executors, Administrators, Guardians and Conservators › Section 12 - License to Guardian of Spendthrift; Notice

Section 12. No license to sell real estate shall be granted to the guardian of a spendthrift who resides in the commonwealth unless seven days notice of the petition therefor has been given to the department of transitional assistance. Such notice may be served upon any member of said board or department.
2023 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 202 - Sales, Mortgages and Leases of Real Estate by Executors, Administrators, Guardians and Conservators › Section 13 - Bond; Posting by Interested Party to Satisfy Debts; Effect

Section 13. No license shall be granted to an executor or administrator, if any person interested in the estate gives bond to him in a sum and with sureties approved by the court, conditioned to pay, so far as the personal property of the deceased shall be insufficient therefor, all legacies mentioned in the petition, all debts therein mentioned which shall eventually be found due from the estate and charges of administration.
2023 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 202 - Sales, Mortgages and Leases of Real Estate by Executors, Administrators, Guardians and Conservators › Section 14 - Public or Private Sale of Realty

Section 14. Upon a petition of an executor or administrator for a license to sell real estate of the deceased or of a guardian or conservator to sell real estate of his ward, the court may, if the petitioner so requests, authorize him to sell such property at public auction and to convey to the purchaser all the estate, right, title and interest which the deceased had therein at his death and which was then chargeable with the payment of his debts or which the ward has at the time of the sale. If the petitioner requests that such property may be sold by private sale and the court, upon a hearing, finds that an advantageous offer for the purchase thereof has been made to the petitioner, and that the interests of all parties will be promoted by an acceptance thereof, it may authorize a conveyance by private sale in accordance with such offer or upon other terms; but the petitioner so authorized may nevertheless sell such property by public auction in accordance with this chapter. The court, if satisfied that such action will not be prejudicial to the interests of the estate, may authorize the petitioner to become the purchaser of such real estate at public or private sale.
2023 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 202 - Sales, Mortgages and Leases of Real Estate by Executors, Administrators, Guardians and Conservators › Section 15 - Notice of Sale by Auction

Section 15. An executor, administrator, guardian or conservator shall give notice of the time and place of a sale by auction by causing notices thereof to be posted, thirty days at least before the sale, in a public place in the town where the land lies, and in two adjoining towns, if there are so many in the county, or, if the court granting the license so orders, by publishing the notice once in each of three successive weeks in a newspaper.
2023 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 202 - Sales, Mortgages and Leases of Real Estate by Executors, Administrators, Guardians and Conservators › Section 16 - Affidavits; Evidence of Notice

Section 16. An affidavit of the executor, administrator, guardian or conservator, or of a person in his behalf, filed and recorded with a copy of the notice in the registry of probate, or such affidavit made by any person and filed and recorded with such copy by permission of the court upon satisfactory evidence that the notice was given as ordered, shall be admitted as evidence of the time, place and manner in which the notice was given.
2023 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 202 - Sales, Mortgages and Leases of Real Estate by Executors, Administrators, Guardians and Conservators › Section 17 - Adjournment of Sale

Section 17. If at the time appointed for such sale the executor, administrator, guardian or conservator considers it for the interest of all persons concerned that the sale should be postponed, he may adjourn it for not more than fourteen days, and notice of such adjournment shall be given by a public declaration at the time and place first appointed for the sale. If the adjournment is for more than one day, further notice of the sale shall be given by posting or publishing, as time and circumstances may admit.
2023 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 202 - Sales, Mortgages and Leases of Real Estate by Executors, Administrators, Guardians and Conservators › Section 18 - Fraudulent Conveyances; Recovery

Section 18. If an executor or administrator is licensed to sell land which has been fraudulently conveyed by the deceased or is fraudulently held by another person for him, or land to which the deceased had a right of entry or of action or of which he had a right to a conveyance, he may, within one year after such license, sell the land without first obtaining possession thereof by entry or action, or he may without a formal entry bring an action to obtain possession by virtue of such license, demanding the land as executor or administrator, and may sell the same within one year after possession is obtained.
2023 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 202 - Sales, Mortgages and Leases of Real Estate by Executors, Administrators, Guardians and Conservators › Section 19 - Distribution; Sale of Realty; Procedure

Section 19. The probate court may, upon petition of an administrator, administrator with the will annexed, or executor filed within one year after the date of the giving of the executor's or administrator's bond, or, if an administrator de bonis non shall be appointed within one year after the date of the original appointment of the executor or administrator, then within six months after the date of the giving of a bond by such administrator de bonis non, or within the remainder of said last mentioned period of one year, whichever is the longer period, with the consent of all parties interested or after notice, license him to sell the whole or any part of the real estate or any undivided interest therein belonging to the estate of the deceased, in such manner and upon such notice as the court orders; and the net proceeds of such sale, after deducting the expenses thereof and such amount as may be required for the payment of debts, legacies and charges of administration, in consequence of a deficiency in the personal property, shall be paid over to the person or persons who would have been entitled to such real estate and in the proportions to which they would have been entitled had it not been sold. Before any such license shall be issued, the petitioner shall file in the probate court an affidavit containing the names of all persons known to him as having or claiming any interest in said real estate derived from any deed of conveyance or mortgage by, through or under any of the heirs or devisees, and if it appears that there are any such persons, they shall be made parties to the proceedings, and notified in such manner as the court orders.
2023 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 202 - Sales, Mortgages and Leases of Real Estate by Executors, Administrators, Guardians and Conservators › Section 20 - Sale of Realty for Payment of Debts; Limitation of Time

Section 20. No interest in the real estate of a deceased person conveyed absolutely or in mortgage for value and in good faith by an instrument duly recorded shall be liable to be taken on execution, or sold under any judicial proceeding for payment of his debts, costs of court, or claims against his estate, except claims for taxes, municipal assessments or succession taxes, legacies or other charges created by will of the deceased, or the expenses or charges of administration, after the expiration of one year from the time of the first appointed executor or administrator first giving bond for the performance of his trust, unless in pursuance of a license to sell granted in consequence of an order for the retention of assets passed under the provisions of section thirteen of chapter one hundred and ninety-seven upon a petition filed within said year or before said conveyance or mortgage is recorded, or unless in pursuance of a license to sell granted upon a petition filed in the registry of probate within said year, or unless for the satisfaction in whole or in part of a claim of which notice has been filed in the registry of probate within said year, stating substantially the name and address of the claimant, the nature and amount of the claim and the court, if any, in which proceedings are pending to determine or enforce the same. Said notice shall be filed with the other proceedings in the case and entered upon the docket under the name of the estate of the deceased.
2023 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 202 - Sales, Mortgages and Leases of Real Estate by Executors, Administrators, Guardians and Conservators › Section 20a - Estate Expenses; Execution on Conveyed Property; Limitation of Time

Section 20A. No interest in the real estate of a deceased person conveyed absolutely or in mortgage for value and in good faith by an instrument duly recorded shall be liable to be taken on execution, or sold under any judicial proceeding for payment of expenses or charges of administration, after the expiration of six years from the time of such executor or administrator giving bond for the performance of his trust, unless in pursuance of a license to sell real estate granted upon a petition filed in the registry of probate within said six years.
2023 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 202 - Sales, Mortgages and Leases of Real Estate by Executors, Administrators, Guardians and Conservators › Section 21 - Sales for Maintenance or Investment; Purpose and Nature of Sale

Section 21. If the income of the estate of a ward is insufficient to maintain him and his family or if it appears that it would be for his benefit that his real estate or any part thereof or any standing or growing wood thereon should be sold and the proceeds placed on interest or invested in a productive security, his guardian or conservator may sell such real estate or wood upon obtaining a license therefor and proceeding as hereinafter provided. If standing or growing wood is so sold, the guardian or conservator may grant to the purchaser the privilege of entering upon the land and cutting and carrying away such wood within such time as the guardian or conservator may allow.
2023 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 202 - Sales, Mortgages and Leases of Real Estate by Executors, Administrators, Guardians and Conservators › Section 22 - Petition and License to Sell Property for Maintenance or Investment; Form

Section 22. To obtain such license, the guardian or conservator shall file a petition setting forth the condition of the estate and the facts and circumstances on which the petition is founded. If after an examination, on the oath of the petitioner or otherwise, the court finds that it would be for the benefit of the ward that the sale should be made, it may grant a license therefor, specifying therein whether the sale is to be made for the maintenance of the ward and his family, or in order that the proceeds may be placed on interest or invested as aforesaid.
2023 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 202 - Sales, Mortgages and Leases of Real Estate by Executors, Administrators, Guardians and Conservators › Section 23 - Maintenance; Disposition of Proceeds of Sale

Section 23. If the sale is made for the maintenance of the ward and his family, the guardian or conservator shall apply the proceeds, so far as necessary, to that purpose, and shall place the residue on interest or invest it according to his best judgment until the capital is wanted for such maintenance; in such case, the capital may be used for that purpose as if it had been personal property.