Section 4A. If the personal property of a deceased person appears to be insufficient to pay his debts, the probate court may, subject to the rights of the surviving spouse under section one of chapter one hundred and ninety-six, after notice, authorize the executor or administrator to take charge of the real property of the deceased or any part thereof and collect the rents thereof for such period of time as the court deems proper, and, during such period, to make necessary repairs and do all other things which it may consider needful for the preservation of such real property and as a charge on the interest of the decedent therein; provided, that if any person interested in the estate shall give bond as provided in section thirteen, no such authorization shall be given. The balance, if any, of said rents, subject to rights of dower and curtesy, and the rights of the surviving spouse and minor children of the decedent under section two of chapter one hundred and ninety-six, shall be assets in the hands of the executor or administrator for the payment of debts in like manner as are the proceeds of real property sold for the payment of debts. An order giving authority to the executor or administrator as aforesaid shall have effect, notwithstanding an appeal therefrom, until it is otherwise ordered by a justice of the supreme judicial court.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.