Section 3–802. [Statutes of Limitations.]

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Terms Used In Massachusetts General Laws ch. 190B sec. 3-802

  • Decedent: A deceased person.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.

Unless an estate is insolvent, the personal representative, with the consent of all successors whose interests would be affected, may waive any defense of limitations available to the estate. If the defense is not waived, no claim barred by a statute of limitations at the time of the decedent‘s death may be allowed or paid.

Only those successors who would be affected thereby shall agree to a waiver of a defense of limitations available to an estate.