Massachusetts General Laws ch. 190B sec. 6-101 – Nonprobate transfers on death
Section 6–101. [Nonprobate Transfers on Death.]
Terms Used In Massachusetts General Laws ch. 190B sec. 6-101
- Contract: A legal written agreement that becomes binding when signed.
- Decedent: A deceased person.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
(a) A provision for a nonprobate transfer on death in an insurance policy, contract of employment, bond, mortgage promissory note, certificated or uncertificated security, account, agreement, custodial agreement, deposit agreement, compensation plan, pension plan, individual retirement plan, employee benefit plan, trust, conveyance, deed of gift, marital property agreement, or any other written instrument effective as a contract, gift, conveyance or trust, is nontestamentary.
(b) This subsection includes a written provision that:
(1) money or other benefits or property due to, controlled by, or owned by a decedent before death shall be paid after the decedent’s death to a person whom the decedent designates either in the instrument or in a separate writing, including a will, executed either before, after, or at the same time as the instrument if:
(i) the original document specifically provides for disposition in accordance with the later instrument; or
(ii) the later instrument has independent significance such as a contract, gift, conveyance, trust or will.
(2) money due or to become due under the instrument ceases to be payable in the event of death of the promisee or the promisor before payment or demand.
(c) This section shall not limit rights of creditors under other laws of the commonwealth.