Section 3–1006. [Limitations on Actions and Proceedings Against Distributees.]

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Terms Used In Massachusetts General Laws ch. 190B sec. 3-1006

  • Decedent: A deceased person.
  • Fraud: Intentional deception resulting in injury to another.

Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling the accounts of a personal representative or otherwise barred, the claim of a claimant to recover from a distributee who is liable to pay the claim, and the right of an heir or devisee, or of a successor personal representative acting in their behalf, to recover property improperly distributed or its value from any distributee is forever barred at the later of 3 years after the decedent‘s death or 1 year after the time of its distribution thereof, but all claims of creditors of the decedent are barred 1 year after the decedent’s death. This section shall not bar an action to recover property or value received as a result of fraud.