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Mass. General Laws c.190B § 5-426

Preservation of estate plan; right to examine

This is an unofficial version of a Massachusetts General Law.

Section 5-426

In (i) investing the estate, (ii) selecting assets of the estate for distribution under subsections (a) and (b) of section 5–424, and (iii) utilizing powers of revocation or withdrawal available for the support of the protected person and exercisable by the conservator or the court, the conservator and the court shall take into account any estate plan of the protected person known to them, including a will, any revocable trust of which the person is settlor, and any contract, transfer, or joint ownership arrangement originated by the protected person with provisions for payment or transfer of benefits or interests at the person's death to another or others.

Massachusetts comment

Custody of estate planning documents is given to the conservator. See G.L. c. 201, § 38.

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