SENATE DOCKET, NO. 2976        FILED ON: 6/17/2020

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2818

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Joanne M. Comerford

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to address estate recovery issues due to COVID-19.

_______________

PETITION OF:

 

Name:

District/Address:

 

Joanne M. Comerford

Hampshire, Franklin and Worcester

 

Christine P. Barber

34th Middlesex

 

James T. Welch

Hampden

6/18/2020

Julian Cyr

Cape and Islands

6/18/2020

Diana DiZoglio

First Essex

6/18/2020

Patricia D. Jehlen

Second Middlesex

6/18/2020

Harriette L. Chandler

First Worcester

6/18/2020

Brendan P. Crighton

Third Essex

6/18/2020

Edward J. Kennedy

First Middlesex

6/19/2020

Sal N. DiDomenico

Middlesex and Suffolk

6/23/2020


SENATE DOCKET, NO. 2976        FILED ON: 6/17/2020

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2818

By Ms. Comerford, a petition (accompanied by bill, Senate, No. 2818) (subject to Joint Rule 12) of Joanne M. Comerford and Christine P. Barber for legislation to address estate recovery issues due to COVID-19.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

 

An Act to address estate recovery issues due to COVID-19.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Notwithstanding subsection (d) of section 32 of chapter 118E of the General Laws, for any petition for admission to probate of a decedent’s will or for administration of a decedent’s estate filed on or after the March 10, 2020 declaration of a state of emergency by the Governor, the personal representative shall have 180 days from presentment to mail notice to the division pursuant to said section.

SECTION 2. Notwithstanding subsection (g) of section 32 of chapter 118E of the General Laws, claims allowed pursuant to said section shall not bear interest during the time period commencing with the March 10, 2020 declaration of emergency by the Governor and ending when this section is repealed.

SECTION 3. Notwithstanding any other general or special law, rule, regulation or order to the contrary, the division shall defer estate recovery pursuant to section 32 of chapter 118E of the General Laws against real property of the estate where any person is lawfully residing commencing with the  March 10, 2020 declaration of emergency by the Governor and ending when this section is repealed.

SECTION 4. Sections 1 to 3, inclusive, are hereby repealed.

SECTION 5. Section 4 shall take effect 180 days after termination of the March 10, 2020 declaration of a state of emergency by the Governor.