Relative to protection of a deceased family member against foreclosure and other civil action
Impact
If enacted, H1809 would have significant implications on state laws concerning the administration of deceased estates. It mandates that courts provide a stay on proceedings initiated by creditors under specific conditions, thereby offering families some relief during the often complex and distressing period of sorting through probate matters. This change is expected to safeguard the rights and interests of the deceased’s family, reducing the financial pressures that may arise when managing estate affairs during probate.
Summary
House Bill 1809, introduced by Representative Patrick Joseph Kearney, aims to provide specific protections for the estates of deceased individuals against foreclosure and other civil actions. The bill seeks to amend Chapter 188 of the General Laws, adding a new section that outlines the protocol for staying a creditor's foreclosure action when an estate is involved in probate court proceedings. This allows for a temporary halt of civil actions for a minimum of 90 days while probate matters are being addressed.
Contention
The bill includes provisions to ensure that if a creditor action is stayed due to pending probate proceedings, the estate is permitted to apply for additional stays if necessary. It also stipulates that once a personal administrator is appointed, creditors may pursue claims for back payments with interest, but without imposing additional fees unless deemed necessary by the court. This latter part might raise concerns among creditors regarding their ability to collect debt efficiently, which could lead to potential debates on the balance between protecting families and ensuring creditor rights.