| 1 | 1 | | 1 of 1 |
|---|
| 2 | 2 | | HOUSE DOCKET, NO. 2357 FILED ON: 1/19/2023 |
|---|
| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3403 |
|---|
| 4 | 4 | | The Commonwealth of Massachusetts |
|---|
| 5 | 5 | | _________________ |
|---|
| 6 | 6 | | PRESENTED BY: |
|---|
| 7 | 7 | | Sarah K. Peake |
|---|
| 8 | 8 | | _________________ |
|---|
| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
|---|
| 10 | 10 | | Court assembled: |
|---|
| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
|---|
| 12 | 12 | | An Act providing for motor vehicles transfer on death. |
|---|
| 13 | 13 | | _______________ |
|---|
| 14 | 14 | | PETITION OF: |
|---|
| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Sarah K. Peake4th Barnstable1/11/2023 1 of 2 |
|---|
| 16 | 16 | | HOUSE DOCKET, NO. 2357 FILED ON: 1/19/2023 |
|---|
| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 3403 |
|---|
| 18 | 18 | | By Representative Peake of Provincetown, a petition (accompanied by bill, House, No. 3403) of |
|---|
| 19 | 19 | | Sarah K. Peake relative to transfers of motor vehicles on death. Transportation. |
|---|
| 20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
|---|
| 21 | 21 | | SEE HOUSE, NO. 3889 OF 2021-2022.] |
|---|
| 22 | 22 | | The Commonwealth of Massachusetts |
|---|
| 23 | 23 | | _______________ |
|---|
| 24 | 24 | | In the One Hundred and Ninety-Third General Court |
|---|
| 25 | 25 | | (2023-2024) |
|---|
| 26 | 26 | | _______________ |
|---|
| 27 | 27 | | An Act providing for motor vehicles transfer on death. |
|---|
| 28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
|---|
| 29 | 29 | | of the same, as follows: |
|---|
| 30 | 30 | | 1 SECTION 1. Chapter 90D of the General Laws is hereby amended by inserting after |
|---|
| 31 | 31 | | 2section 15A the following section:- |
|---|
| 32 | 32 | | 3 Section 15B. (a) The owner of a motor vehicle whose certificate of title shows sole |
|---|
| 33 | 33 | | 4ownership by that owner may designate, in writing in a space provided on the certificate of title, |
|---|
| 34 | 34 | | 5beneficiaries who shall assume ownership of the motor vehicle after the death of the owner and |
|---|
| 35 | 35 | | 6upon the making of an application to the registrar pursuant to subsection (b). The owner making |
|---|
| 36 | 36 | | 7said designation shall have all rights of ownership of the motor vehicle during the owner's life |
|---|
| 37 | 37 | | 8and the beneficiaries shall have no rights in the motor vehicle until after the owner dies and the |
|---|
| 38 | 38 | | 9beneficiary makes an application to the registrar pursuant to subsection (b). The owner of a 2 of 2 |
|---|
| 39 | 39 | | 10motor vehicle motor may cancel or change the designation of beneficiaries on a certificate of title |
|---|
| 40 | 40 | | 11at any time without the consent of the beneficiaries. |
|---|
| 41 | 41 | | 12 (b) Not later than 60 days after the death of the owner, the beneficiaries may make an |
|---|
| 42 | 42 | | 13application to the registrar for the issuance of a certificate of title and a certificate of registration |
|---|
| 43 | 43 | | 14for the motor vehicle in the names of the beneficiaries. The application shall be accompanied by: |
|---|
| 44 | 44 | | 15(1) the original certificate of registration designating the beneficiaries; (2) a death certificate for |
|---|
| 45 | 45 | | 16the deceased owner; (3) proof of the beneficiaries’ identities, as the registrar may require; and (4) |
|---|
| 46 | 46 | | 17any applicable fees for registration, title and registration plates as required by this chapter and |
|---|
| 47 | 47 | | 18chapter 90. If a beneficiary fails to make an application within 60 days, the beneficiary shall have |
|---|
| 48 | 48 | | 19no right to obtain ownership of and title to the motor vehicle pursuant to this section. |
|---|
| 49 | 49 | | 20 (c) If no beneficiaries survive the owner of a motor vehicle, the motor vehicle shall be |
|---|
| 50 | 50 | | 21included in the estate of the deceased owner. |
|---|
| 51 | 51 | | 22 (d) A transfer of a motor vehicle to beneficiaries pursuant to this section shall not be |
|---|
| 52 | 52 | | 23testamentary. |
|---|
| 53 | 53 | | 24 (e) This section shall not limit the rights of creditors of security owners against |
|---|
| 54 | 54 | | 25beneficiaries under other laws of the commonwealth. In the case of such transfer of a motor |
|---|
| 55 | 55 | | 26vehicle, notice of such transfer shall be sent to any lienholder of record. |
|---|