Section 9 Commencement of action; service of process; action against trustee; recovery of medical assistance payments - Massachusetts Statutes

[Text of section effective until July 1, 2011. Repealed by 2008, 521, Sec. 16. See 2008, 521, Sec. 44.]

Section 9. (a) Except as provided in this chapter, an executor or administrator shall not be held to answer to an action by a creditor of the deceased unless such action is commenced within one year after the date of death of the deceased and unless, before the expiration of such period, the process in such action has been served by delivery in hand upon such executor or administrator or service thereof accepted by him or a notice stating the name of the estate, the name and address of the creditor, the amount of the claim and the court in which the action has been brought has been filed in the proper registry of probate.

(b) An executor or administrator shall not be held to answer to an action by a creditor of the deceased which is commenced within any other or additional period of limitation for bringing such action provided by or under this chapter unless before the expiration of such period the process in such action has been served by delivery in hand upon him or service thereof accepted by him or a notice as aforesaid has been filed in the proper registry of probate.

(c) A trustee of a trust, the assets of which are subject as a matter of substantive law to being reached by creditors of the deceased, shall not be held to answer to an action by a creditor of the deceased unless such action is commenced against such trustee or against the executor or administrator of the estate of the deceased within the time and in the manner provided in subsection (a). Such trustee shall have immunity from personal liability to a creditor of the deceased in the same manner as an executor or administrator has, pursuant to sections two, three, four, and five.

(d) If a deceased received medical assistance under chapter 118E when such deceased was 55 years of age or older or while an inpatient in a nursing facility or other medical institution, section 32 of chapter 118E shall govern the notice to be given to the division of medical assistance and such division’s claim for recovery under section 31 of said chapter 118E if the division so chooses.