Budget Amendment ID: FY2021-S4-218

EHS 218

Pause on Estate Recovery Actions During COVID Emergency

Ms. Comerford, Messrs. Eldridge and Welch, Ms. Jehlen and Ms. Moran moved that the proposed new text be amended by adding the following sections:-

“SECTION XX. 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 XX. 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time period commencing with the March 10, 2020 declaration of emergency by the Governor and ending when this section is repealed.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 XX. 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residing commencing with the March 10, 2020 declaration of emergency by the Governor and ending when this section is repealed.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 XX. Sections XX to XX, inclusive, are hereby repealed.

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