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The 193rd General Court of the Commonwealth of Massachusetts

Section 109: Methods and waiver of notice

Section 109. Methods and waiver of notice


(a) Notice to a person under this chapter, or the sending of a document to a person under this chapter, shall be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of notice or for sending a document shall include first-class mail, personal delivery or delivery to the person's last known place of residence or place of business.

(b) Notice required under this chapter, or a document required to be sent under this chapter, need not be provided to a person whose identity or location is unknown to and not reasonably ascertainable by the trustee.

(c) Notice under this chapter, or the sending of a document under this chapter, may be waived by the person to be notified or sent the document.

(d) Notice of a judicial proceeding, authorized by this chapter to be brought by petition in the probate and family court department of the trial court, shall be given as provided in section 1–401 of chapter 190B. Notice of any other judicial proceeding shall be given as provided in the applicable procedural rules.