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 191 - Wills › Section 15 - Filing of Waiver; Rights Upon Waiver

Section 15. The surviving husband or wife of a deceased person, except as provided in section thirty-six of chapter two hundred and nine, within six months after the probate of the will of such deceased, may file in the registry of probate a writing signed by him or by her, waiving any provisions that may have been made in it for him or for her, or claiming such portion of the estate of the deceased as he or she is given the right to claim under this section, and if the deceased left issue, he or she shall thereupon take one third of the personal and one third of the real property; and if the deceased left kindred but no issue, he or she shall take twenty-five thousand dollars and one half of the remaining personal and one half of the remaining real property; except that in either case if he or she would thus take real and personal property to an amount exceeding twenty-five thousand dollars in value, he or she shall receive, in addition to that amount, only the income during his or her life of the excess of his or her share of such estate above that amount, the personal property to be held in trust and the real property vested in him or her for life, from the death of the deceased. If the deceased left no issue or kindred, the surviving husband or wife shall take twenty-five thousand dollars and one half of the remaining personal and one half of the remaining real property absolutely. If the real and personal property of the deceased which the surviving husband or wife takes under the foregoing provisions exceeds twenty-five thousand dollars in value, and the surviving husband or wife is to take only twenty-five thousand dollars absolutely, the twenty-five thousand dollars, above given absolutely shall be paid out of that part of the personal property in which the husband or wife is interested; and if such part is insufficient the deficiency shall, upon the petition of any person interested, be paid from the sale or mortgage in fee, in the manner provided for the payment of debts or legacies, of that part of the real property in which he or she is interested. Such sale or mortgage may be made either before or after such part is set off from the other real property of the deceased for the life of the husband or widow. If, after probate of such will, legal proceedings have been instituted wherein its validity or effect is drawn in question, the probate court may, within said six months, on petition and after such notice as it orders, extend the time for filing the aforesaid claim and waiver until the expiration of six months from the termination of such proceedings.
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 191 - Wills › Section 16 - Income From Personal Property; Trustees to Hold Property

Section 16. The probate court may upon application of a person interested appoint one or more trustees, who shall be subject to chapter two hundred and three so far as applicable, to hold during the life of a husband or widow any personal property to the income of which he or she may be entitled under the preceding section.
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 191b - Uniform Statutory Will Act › Section 2 - Making Statutory Will

Section 2. An individual having capacity to make a will under the laws of the commonwealth may make a statutory will under the provisions of this chapter. The will shall be executed in a manner recognized as valid under the laws of the commonwealth.
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 191b - Uniform Statutory Will Act › Section 3 - Incorporation by Reference

Section 3. (a) A will may incorporate by reference the provisions of this chapter in whole or in part and with any modifications and additions the will provides. To the extent an express provision of a will conflicts with this chapter, the terms of the will shall govern.
(b) A provision that all or part of the testator's testamentary estate is to be disposed of in accordance with the provisions of this chapter incorporates by reference provisions of this chapter in effect on the date the will is executed.
(c) An incorporation by reference of provisions of this chapter may be in the following or a substantially similar form:
''Except as otherwise provided in this will, I direct that my testamentary estate be disposed of in accordance with the Massachusetts Uniform Statutory Will Act.''
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 191b - Uniform Statutory Will Act › Section 4 - Shares Under Statutory Will

Section 4. The statutory will estate shall pass as provided in sections five to nine, inclusive.
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 191b - Uniform Statutory Will Act › Section 5 - Share of Spouse

Section 5. (a) The share of a surviving spouse shall be:
(1) If there is no surviving issue, the entire statutory will estate; or
(2) If there is a surviving issue,
(i) subject to any lien or encumbrance, the testator's residence and tangible personal property, except personal property held primarily for investment or for a commercial, agricultural, or other business purpose;
(ii) the greater of three hundred thousand dollars, or one-half of the balance of the statutory will estate; and
(iii) subject to the provisions of subsection (b), an interest in the remaining portion of the statutory will estate, including any property that would pass under the provisions of subclauses (i) or (ii) of this subsection but disclaimed by the surviving spouse, in a trust upon the terms set forth in section six.
(b) If the personal representative, other than the surviving spouse, determines that the trust under section six would be uneconomical, the entire statutory will estate shall pass to the surviving spouse.
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 191b - Uniform Statutory Will Act › Section 7 - Shares of Heirs When No Surviving Spouse

Section 7. (a) If there is no surviving spouse, the statutory will estate shall pass, subject to the provisions of sections eight and nine, as follows:
(1) If there is surviving issue, in equal shares to the children of the testator if all of them survive, otherwise to the surviving issue of the testator by representation; or
(2) If there is no surviving issue, to the individuals entitled to receive the estate as if the property were located in the commonwealth and the testator had died intestate domiciled in the commonwealth in the proportions so determined.
(b) Unless the personal representative determines that a trust would be uneconomical, property to which the provisions of section eight or nine applies shall be distributed to the trustee. If the personal representative determines that a trust would be uneconomical, the property shall pass under the provisions of subsection (a) free of trust. The discretion provided in this subsection to the personal representative shall not be exercised by any of the testator's issue serving as personal representative.
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 191b - Uniform Statutory Will Act › Section 9 - Effect of Disability at Distribution

Section 9. (a) If property becomes distributable by a personal representative or trustee to an individual under the age specified in the will or, if the will does not specify an age, under the age of twenty-three years, or to an individual who the personal representative or trustee determines cannot effectively manage or apply the property by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause: (i) the personal representative or trustee, as to principal or income, may distribute part or all of the property to the distributee directly, by deposit or investment in the distributee's name or for the distributee's account, or to a guardian or conservator for the distributee; (ii) the personal representative may distribute to the trustee in trust under clause (iii); or (iii) the trustee may retain all or any part of the property in trust for the distributee and thereafter at any time the trustee may distribute or apply part or all of the principal or income to or for the benefit or account of the distributee.
(b) Unless terminated earlier, a trust under clause (iii) subsection (a) shall terminate upon the attainment of the required age, removal of the disability, or death of the distributee. Upon such termination, the trustee shall distribute the remaining trust property to the distributee or personal representative of the distributee's estate.
(c) The provisions of this section shall not apply to distributions to a surviving spouse of the testator.
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 191b - Uniform Statutory Will Act › Section 10 - Powers of Appointment

Section 10. (a) A will incorporating by reference the terms of this chapter shall not exercise a power of appointment unless (i) the will complies with any conditions imposed on the exercise of the power, (ii) the appointment is within the scope of the power, and (iii) the will expressly refers to the power or expresses an intent to exercise any power of appointment held by the testator.
(b) If a power of appointment is exercised as provided in subsection (a), the appointed property shall pass as part of the statutory will estate unless the will provides otherwise.
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 191b - Uniform Statutory Will Act › Section 11 - Survival

Section 11. An individual who does not survive the testator by thirty days or more shall be treated as if the individual predeceased the testator.
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 191b - Uniform Statutory Will Act › Section 12 - Appointment of Personal Representative or Trustee

Section 12. (a) The person named in the will as personal representative or trustee shall be entitled to serve, if qualified, as personal representative or trustee.
(b) If a qualified person is not named in the will as personal representative, or the named person is incapacitated, unwilling to serve, or dead, and a qualified alternate is not named in the will, priority for appointment as personal representative is determined by the law of the state of decedent's domicile at death.
(c) If a qualified person is not named in the will as trustee, or the named person is incapacitated, unwilling to serve, or is dead, and a qualified alternate is not named in the will, the personal representative may appoint, without court approval, a qualified person, including a person serving as personal representative, to serve as trustee.
(d) If a personal representative or trustee resigns, is removed, becomes incapacitated, or dies, the surviving spouse or, if there is no surviving spouse or the surviving spouse is unable or unwilling to act, a majority of the adult children of the testator, may appoint a qualified successor personal representative or trustee.
(e) In all other cases, personal representatives and trustees shall be appointed by the 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 191b - Uniform Statutory Will Act › Section 14 - Bond or Surety

Section 14. A personal representative or trustee under this chapter shall serve without giving bond or surety unless the testator by will, or the court upon the application of any person interested in the estate, provides otherwise.
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 191b - Uniform Statutory Will Act › Section 15 - Uniformity of Application and Construction

Section 15. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
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 194 - Public Administrators › Section 1 - Appointment; Number; Term

Section 1. There shall be in each county one or more public administrators, not exceeding six in Middlesex and in Suffolk or five in any other county, appointed by the governor with the advice and consent of the council, who shall hold office for five years from the time of their appointment.
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 194 - Public Administrators › Section 2 - Bond; Form; Conditions

Section 2. A public administrator shall give bond for the faithful administration of each estate on which letters of administration may be granted to him as such public administrator, with sufficient sureties, in such form as the probate court may order, payable to the judge of said court and his successors, with condition substantially as follows:—
First, To make and return to the probate court, within three months from the time of granting to him, as public administrator, letters of administration on the estate of the deceased, a true inventory of all the real and personal property of the deceased which at the time of making thereof shall have come to his possession or knowledge;
Second, To administer according to law all personal property of the deceased which may come into his possession or into the possession of any person for him, and also the proceeds of any of the real property of the deceased which may be sold or mortgaged by him;
Third, To render on oath a true account of his administration at least once a year until his trust is fulfilled, unless he is excused therefrom in any year by the court, and also to render such account at such other times as the court orders;
Fourth, To pay the balance of such estate remaining in his hands upon the settlement of his accounts to such persons as the court may direct; and, when such estate has been fully administered, to deposit with the state treasurer the whole amount remaining in his hands to which said treasurer may be entitled under the provisions of chapter one hundred and ninety-four of the General Laws;
Fifth, Upon the appointment and qualification of an executor or administrator as his successor, to surrender into the probate court said letters of administration, with an account on oath of his doings therein; and, upon a just settlement of such account, to pay over and deliver to such successor all money remaining in his hands, and all property, effects and credits of the deceased not then administered.
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 194 - Public Administrators › Section 4 - Duties

Section 4. A public administrator shall, except as hereinafter provided, take out letters of administration and faithfully administer upon the estates of persons who die intestate within his county or elsewhere, leaving property in his county to be administered, if there is no known husband, widow or heir of such deceased living in the commonwealth at the time of filing the petition. Notwithstanding the foregoing, a public administrator shall apply for letters of administration for an intestate estate or petition for administration with the will annexed of a testate estate when so designated by the division of medical assistance pursuant to subsection (e) of section thirty-two of chapter one hundred eighteen E. The state treasurer shall be made a party to a petition for administration by a public administrator, and shall be given due notice of all subsequent proceedings. He shall, except as otherwise provided in this chapter, administer estates and render accounts in the same manner as other administrators.
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 194 - Public Administrators › Section 5 - Instances When Public Administrator Should Not Act

Section 5. Administration shall not be granted to a public administrator when the husband, widow or an heir of the deceased, in writing, claims the right of administration or requests the appointment of some other suitable person to the trust, if such husband, widow, heir or other person accepts the trust and gives the bond required, nor when the sole known assets of the estate of the deceased consist of an amount of money standing to his credit in a savings bank or in a savings account in a trust company, in case such account has not been increased by a deposit, nor decreased by a withdrawal of any part of his deposits or of any part of the interest thereon, during a period of twenty years or more next preceding the petition for such 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 194 - Public Administrators › Section 5a - Waiting Period Before Administration

Section 5A. Administration shall not be granted to a public administrator until after the expiration of ten days from the date of death.
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 194 - Public Administrators › Section 6 - Compensation for Services of Person Taking Out Citation

Section 6. If after citation has been issued by the probate court to a public administrator upon the estate of a deceased person, administration shall not be granted to him for the reason set forth in the preceding section, or because of the finding of a will of the deceased, the judge, if satisfied that the person taking out said citation has acted in good faith and for the best interests of the estate, or by designation of the division of medical assistance pursuant to subsection (e) of section thirty-two of chapter one hundred eighteen E may allow him just and reasonable compensation for his services, and reimbursement for expenses actually incurred, out of the assets of said 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 194 - Public Administrators › Section 7 - Change After Grant of Letters to Public Administrator

Section 7. If, after the granting of letters of administration to a public administrator and before the final settlement of the estate, the husband, widow or an heir of the deceased, in writing, claims the right of administration or requests the appointment of some other suitable person to the trust, the probate court may, in its discretion, grant letters of administration accordingly, or if, after the granting of such letters to a public administrator, a will of the deceased is proved and allowed, said court shall grant letters testamentary or letters of administration with the will annexed. When the person to whom such letters are granted gives the bond required by law the powers of the public administrator over the estate shall cease.
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 194 - Public Administrators › Section 8 - Death, Resignation or Removal of Public Administrator

Section 8. Upon the death, resignation or removal of a public administrator, the probate court shall issue a warrant to some other public administrator in the same county, upon his application therefor, requiring him to examine the accounts of such public administrator relative to the estates on which he has taken out letters of administration, and to return to the probate court a statement of all of such estates as are not fully administered and of the balance of each estate remaining in the hands of such public administrator at the time of his death, resignation or removal. And thereupon the court shall issue to the public administrator making the return, upon his giving the requisite bond, letters of administration upon such of said estates as are not already administered, although the personal property remaining may not amount to twenty dollars.
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 194 - Public Administrators › Section 9 - Powers Relating to Real Property

Section 9. Public administrators may be authorized to take charge of the real property of the deceased or of any part thereof situated anywhere within the commonwealth, to lease the same, to collect the rents, and to make such repairs, and do all other things which may be considered necessary for the preservation of such real property and as a charge thereon. They may also be licensed by the probate court to sell the real property for the same purposes and in the same manner as other administrators. All laws relative to sales of land by administrators and the disposition of the proceeds shall govern such sales so far as applicable, except as otherwise provided in this chapter; provided, that the time limit imposed on sales by other administrators shall not apply to sales by public administrators, but shall be in the discretion of the court. The net proceeds of any sale after deducting the expenses thereof and other administration expenses, and such amount as may be required for the payment of debts in consequence of a deficiency in the personal property, shall, after one year from the time of the filing of the administrator's bond, except as provided in the following section, be distributed to the persons who would have been entitled to said real property in the proportions to which they would have been entitled had it not been 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 194 - Public Administrators › Section 10 - Unclaimed Balance of Estate; Deposit With Treasurer

Section 10. When an estate has been fully administered by a public administrator, or by the executor or administrator with the will annexed of a person who died leaving no known heirs, he shall deposit any balance in his hands with the state treasurer as abandoned property to be held by him subject to the provisions of chapter two hundred A.
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 194 - Public Administrators › Section 11 - Annual Accounts; Failure to Deposit Remaining Money With Treasurer on Final Settlement

Section 11. The probate court in each county shall require every public administrator in such county to render an account of his proceedings under any letters of administration at least once a year until the trust is fulfilled. When, on final settlement of an estate, it appears that money remains in the hands of such administrator which by law should have been deposited with the state treasurer, the court shall certify that fact and a statement of the amount so withheld to said treasurer, who, unless such deposit is made within one month after the receipt of such notice, shall cause the bond of the administrator to be prosecuted for the recovery of such money.
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 194 - Public Administrators › Section 12 - Accounting to Successor Administrator or Executor

Section 12. A public administrator shall, upon the appointment and qualification of an executor or administrator as his successor, surrender into the probate court his letters of administration in such case with an account on oath of his doings therein, and, upon a just settlement of such account, shall pay over and deliver to his successor all money remaining in his hands, and all property, effects and credits of the deceased not then administered.
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 194 - Public Administrators › Section 13 - Administration of Pending Estates at Expiration of Administrator's Term

Section 13. Public administrators shall complete, as soon as they lawfully may, the administration of estates in their hands of which the administration is not complete at the date of the expiration of their terms.
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 194 - Public Administrators › Section 16 - Action by District Attorney to Insure Prompt and Faithful Administration

Section 16. If a public administrator neglects to return an inventory, settle an account or perform any other duty incumbent on him in relation to an estate, and there appears to be no heir entitled thereto, the district attorney for the district where the administrator received his letters shall, in behalf of the commonwealth, prosecute all suits and do all acts necessary to insure a prompt and faithful administration of the estate and the payment of the proceeds thereof into the state treasury; and if no heir has, within two years after the granting of letters of administration, appeared and made claim in the probate court for his interest in such estate, it shall be presumed that there is no such heir and the burden of proving his existence shall be upon the public administrator.
Each register of probate shall forthwith notify the proper district attorney and the attorney general of any breach of duty on the part of a public administrator in relation to any estate under his charge, of which such register has knowledge or which the records in his registry disclose.
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 194 - Public Administrators › Section 17 - Estates of Less Than $700

Section 17. If the total value of an estate which has come into the control of a public administrator is less than seven hundred dollars, unless the same is the balance of an estate received from a prior public administrator, he shall forthwith reduce all such property into money, not taking administration thereon, and deposit it, after payment of any outstanding funeral expenses and after deducting his reasonable expenses and charges, with the state treasurer, who shall hold it for the benefit of any other persons who may have legal claims thereon. Such claims may be presented to the comptroller within one year from such payment to the treasurer, and the comptroller shall examine such claims and allow such as may be proved to his satisfaction, and upon the expiration of the year shall forthwith certify the same to the governor and council for payment of the whole of the claims or such proportion thereof as the funds will 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 194 - Public Administrators › Section 18 - Exemption From Responsibility of Estates of Less Than $700

Section 18. A public administrator, upon making such deposit, shall file with the state treasurer an itemized account, on oath, of all his dealings, receipts, payments and charges on account of the property from which the money so deposited proceeds, including the name of the intestate, if known to him, and the state treasurer shall thereupon deliver to him a receipt for such money. Such deposit shall exempt the public administrator from all responsibility for or on account of the money so deposited.
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 196a - Registration of Securities of Deceased › Section 1 - Registration of Securities of Deceased in Name of Surviving Husband or Wife or Adult Child

Section 1. Securities owned by a deceased person, the value of which do not exceed $750 with any one issuer, and with a cumulative value of not more than $2,100, may, if 30 days has elapsed since the death of the deceased and neither a duly appointed executor or administrator nor a voluntary administrator has made written demand upon the issuer for payment, and the issuer shall not otherwise have actual notice that proceedings relative to the formal or informal settlement of the estate of the deceased have been commenced in any probate court, upon the request by or on behalf of any of the following persons cause such stock to be registered and held in the name of the surviving husband or wife or to an adult child of the deceased, or if the issuer is satisfied that there is no surviving husband or wife or adult child, to the surviving father or mother of the deceased. Such issuer shall not be liable to any claims in respect to such securities.
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 198 - Insolvent Estates of Deceased Persons › Section 7a - Voidable Preferences; Surrender; Effect

Section 7A. The claims of creditors who have received preferences voidable under section ten B shall not be allowed unless such creditors shall first surrender such preferences.
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 198 - Insolvent Estates of Deceased Persons › Section 10a - Preference Defined

Section 10A. A person shall be deemed to have given a preference if, being insolvent, he has, within four months before his decease, procured or suffered a judgment to be entered against himself in favor of any person, or made a transfer of any of his property, and the effect of the enforcement of such judgment or transfer will be to enable any one of his creditors to obtain a greater percentage of his debt than any other of such creditors of the same class. Where the preference consists in a transfer, such period of four months shall not expire until four months after the date of the recording or registering of the transfer, if by law such recording or registering is 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 198 - Insolvent Estates of Deceased Persons › Section 10b - Voidable Preferences; Action by Executor

Section 10B. If a person shall have procured or suffered a judgment to be entered against him in favor of any person or has made a transfer of any of his property, and if, at the time of the transfer, or of the entry of the judgment, or of the recording or registering of the transfer if by law recording or registering thereof is required, and being within four months before his decease, the person be insolvent and the judgment or transfer then operate as a preference, and the person receiving it or to be benefited thereby, or his agent acting therein, shall then have reasonable cause to believe that the enforcement of such judgment or transfer would effect a preference, it shall be voidable by the executor or administrator of the debtor, and he may recover the property or its value from such person.
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 198 - Insolvent Estates of Deceased Persons › Section 10c - Voidable Preferences; Set-Off by Creditor

Section 10C. If a creditor has been preferred, and afterwards in good faith gives the debtor further credit without security of any kind for property which becomes a part of the debtor's estate, the amount of such new credit remaining unpaid at the time of his decease may be set off against the amount which would otherwise be recoverable from 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 199 - Settlement of Estates of Deceased Non-Residents › Section 1 - Administration of Estates

Section 1. If administration is taken in this commonwealth on the estate of a person who was an inhabitant of any other state or country, his estate found here shall, after payment of his debts, be disposed of according to his last will, if any; otherwise his real property shall descend according to the laws of this commonwealth, and his personal property shall be distributed and disposed of according to the laws of the state or country of which he was an inhabitant.
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 199 - Settlement of Estates of Deceased Non-Residents › Section 2 - Settlement of Estates

Section 2. After the payment of all debts for which such estate is liable in this commonwealth, the residue of the personal property may be distributed and disposed of, as provided in the preceding section, by the probate court; or, in the discretion of the court, it may be transmitted to the executor or administrator, if any, in the state or country of which the deceased was an inhabitant, to be there disposed of according to the laws thereof. But nothing herein shall be construed to prevent the distribution or transmission of part of the personal property of an estate in process of settlement when it can be done without detriment to the estate or prejudice to 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 199 - Settlement of Estates of Deceased Non-Residents › Section 3 - Insolvent Estates; Settlement

Section 3. If such person dies insolvent, his estate found in this commonwealth shall, as far as practicable, be so disposed of that all his creditors here and elsewhere may receive equal proportions of their respective debts.
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 199 - Settlement of Estates of Deceased Non-Residents › Section 4 - Insolvent Estates; Transmittal to Foreign Executor; Conditions

Section 4. The estate shall not be transmitted to the foreign executor or administrator until all the creditors who are citizens of this commonwealth have received the proportion which would be due to them if the whole estate of the deceased, wherever found, which is applicable to the payment of common creditors were divided without preference among all the creditors in proportion to their respective debts; and no creditor not a citizen of this commonwealth shall be paid out of the assets found here until all those who are such citizens have received the proportion provided in the preceding section.
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 199 - Settlement of Estates of Deceased Non-Residents › Section 5 - Insolvent Estate; Surplus; Disposition

Section 5. If there is a residue after such payment to the citizens of this commonwealth, it may be paid to any other creditors who have duly proved their debts here, in proportion to the amount due to each of them, but no one shall receive more than would be due to him if the whole estate were divided ratably among all the creditors as before provided. The remainder may be transmitted to the foreign executor or administrator; or if there is none, it shall, after the expiration of four years from the appointment of the administrator, be distributed ratably among all creditors, both citizens and others, who have proved their debts in this commonwealth.
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 200 - Settlement of Estates of Absentees › Section 1 - Receiver; Petition for Appointment

Section 1. If a person entitled to or having an interest in property within the jurisdiction of the commonwealth has disappeared or absconded from the place within or without the commonwealth where he was last known to be, and it is not known where he is, or if such person, having a spouse or minor child, dependent to any extent upon him for support, has disappeared or absconded without making sufficient provision for such support, and it is not known where he is, or if it is known that he is without the commonwealth, anyone who would under the law of the commonwealth be entitled to administer upon the estate of such absentee if he were deceased, or if no one is known to be so entitled, any suitable person, or such spouse, or some one in behalf of such spouse or minor, may file a petition under oath in the probate court for the county where any such property is situated or found, stating the name, age, occupation and last known residence or address of such absentee, the date and circumstances of the disappearance or absconding, and the names and residence of other persons, whether members of such absentee's family or otherwise, of whom inquiry may be made, and the amount of such property, real and personal, so far as known, and its location within the commonwealth, praying that a receiver of such property be appointed under this chapter. The state treasurer shall be made a party to every such petition and shall be given due notice of all subsequent proceedings under 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 200 - Settlement of Estates of Absentees › Section 2 - Notice to Show Cause

Section 2. The court shall issue a notice reciting the substance of the petition which shall be addressed to such absentee and to all persons who claim an interest in the property of the absentee within the jurisdiction of the commonwealth, and to all whom it may concern, citing them to appear at a time and place named and show cause why a receiver of such property should not be appointed and such property held and disposed of under 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 200 - Settlement of Estates of Absentees › Section 3 - Return of Notice; Publication

Section 3. The return day of said notice shall be not less than thirty nor more than sixty days after its date. The court shall order said notice to be published once in each of three successive weeks in one or more newspapers within the commonwealth, and to be posted in two or more conspicuous places in the town within the commonwealth where the absentee last resided or was known to have been either temporarily or permanently and upon each such parcel of his or her land within the commonwealth. The court shall order said notice to be mailed to the last known address of the absentee and so much of said notice as relates to land to be recorded in the registry of deeds for the county and district where the land is located. The court may order other and further notice to be given within or without the commonwealth.
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 200 - Settlement of Estates of Absentees › Section 4 - Fees and Costs

Section 4. If the petition is dismissed, the fees and cost of publishing, serving and recording said notice shall be paid by the petitioner; if a receiver is appointed they shall be paid by the receiver and allowed in his account.
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 200 - Settlement of Estates of Absentees › Section 5 - Receiver; Appointment; Bond

Section 5. The absentee or any person who claims an interest in any property of the absentee within the jurisdiction of the commonwealth may appear and show cause why the prayer of the petition should not be granted. The court may after hearing dismiss the petition, or it may appoint a receiver of such property. In making such appointment the court may give preference to anyone who would under the law of the commonwealth be entitled to administer the estate of such absentee if he were deceased or to any person who is found by the court to have been at the date of such disappearance or absconding an agent of such absentee and in possession of a substantial portion of such property. If a receiver is appointed the court shall find and record the date of the disappearance or absconding of the absentee; and such receiver shall give bond to the judge of probate and his successors in office in such sum and with such condition as the court orders, with a company named in section one hundred and five of chapter one hundred and seventy-five and approved by the court as surety thereon.
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 200 - Settlement of Estates of Absentees › Section 6 - Possession of Property by Receiver

Section 6. After the approval of such bond the receiver shall take possession of the property of the absentee within the jurisdiction of the commonwealth so far as is known, and he shall file in the registry of probate a schedule of the property received by 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 200 - Settlement of Estates of Absentees › Section 7 - Receiver; Power to Hold Additional Property; Debts

Section 7. Such receiver upon petition filed by him may be authorized and directed to take possession of any additional property within the commonwealth which belongs to such absentee and to demand and collect all debts due such absentee from any person within the commonwealth.