Mass. General Laws c.190B § 2-606

Nonademption of specific devises; unpaid proceeds of sale, condemnation, or insurance; sale by conservator or agent

This is an unofficial version of a Massachusetts General Law.

Section 2-606

(a)

A specific devisee has a right to the specifically devised property in the testator’s estate at death and:

• (1) any balance of the purchase price, together with any security agreement, owing from a purchaser to the testator at death by reason of sale of the property;
• (2) any amount of a condemnation award for the taking of the property unpaid at death;
• (3) any proceeds unpaid at death on fire or casualty insurance on or other recovery for injury to the property; and
• (4) property owned by the testator at death and acquired as a result of foreclosure, or obtained in lieu of foreclosure, of the security interest for a specifically devised obligation.

(b)

If specifically devised property is sold or mortgaged by a guardian of the estate conservator or by an agent acting within the authority of a durable power of attorney for an incapacitated principal, or if a condemnation award, insurance proceeds, or recovery for injury to the property are paid to a conservator or to an agent acting within the authority of a durable power of attorney for an incapacitated principal, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the amount of the unpaid loan, the condemnation award, the insurance proceeds, or the recovery.

(c)

The right of a specific devisee under subsection (b) is reduced by any right the devisee has under subsection (a).

(d)

For the purposes of the references in subsection (b) to a conservator, subsection (b) shall not apply if after the sale, mortgage, condemnation, casualty, or recovery, it was adjudicated that the testator’s incapacity ceased and the testator survived the adjudication by 1 year.

(e)

For the purposes of the references in subsection (b) to an agent acting within the authority of a durable power of attorney for an incapacitated principal, (i) “incapacitated principal” means a principal who is an incapacitated person, (ii) no adjudication of incapacity before death is necessary, and (iii) the acts of an agent within the authority of a durable power of attorney are presumed to be for an incapacitated principal.