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HOUSE DOCKET, NO. 1012 FILED ON: 1/17/2023
HOUSE . . . . . . . . . . . . . . . No. 1596
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Patrick Joseph Kearney
_________________
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 relative to protection of a deceased family member against foreclosure and other civil
action.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Patrick Joseph Kearney4th Plymouth1/17/2023Vanna Howard17th Middlesex1/31/2023 1 of 2
HOUSE DOCKET, NO. 1012 FILED ON: 1/17/2023
HOUSE . . . . . . . . . . . . . . . No. 1596
By Representative Kearney of Scituate, a petition (accompanied by bill, House, No. 1596) of
Patrick Joseph Kearney and Vanna Howard relative to protection of deceased family members
against foreclosure and other civil action. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1703 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to protection of a deceased family member against foreclosure and other civil
action.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Chapter 188 of the General Laws is hereby amended by adding the following section
2after Section 2(d) in line 42 :
3 SECTION 2A: This section applies to a creditor's foreclosure action or enforcement of a
4lien on an estate of homestead, which at the time of filing an application under this section is
5within probate court to obtain the appointment of a personal representative. At any stage before
6final judgment in a civil action or proceeding in which an estate described in this section is a
7party, the court may on its own motion and shall, upon application by the homestead, stay the
8action for the period of not less than 90 days, if the estate submits an application for stay
9including: 2 of 2
10 1. A letter or other communication setting forth facts stating the manner in which
11current probate proceedings materially affect the ability of the decedent's estate to make
12payments for the recurring costs of ownership.
13 2. A letter or other communication from the decedent's bank stating that the probate
14proceeding prohibits the estate's future administrator from accessing the decedent's accounts to
15make payments.
16 An application for a stay under this section does not constitute an appearance for
17jurisdictional purposes and does not constitute a waiver of any substantive or procedural defense.
18 An estate of homestead which is granted a stay of a civil action or proceeding under
19subsection (b) may apply for an additional + stay based on continuing material affect of an
20ongoing probate proceeding on the decedent's ability to make payments. The same information
21required for the first application shall be included in subsequent applications.
22 If the court refuses to grant an additional stay of proceedings, the court shall appoint
23counsel to represent the homestead in the action or proceeding.
24 Once the probate court has appointed a personal administrator for the estate, a creditor
25may bring claims for back payments with interest. However the creditor may not charge fees
26based on the lateness of the payment unless the court finds, in its discretion and if the equities so
27require, good cause exists to assess such payments. Good cause includes but is not limited to
28purposeful or untimely delay by the subsequently authorized administrator to get court approval
29to probate the estate.