Massachusetts General Laws

Mass. Gen. Laws ch. 229, § 6A (2026)

Insufficiency of estate to pay certain expenses, etc.; preferences

✓ current as of July 2026
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Section 6A. All sums recovered under section one, two, two B or five A shall, if and to the extent that the assets of the estate of the deceased shall be insufficient to satisfy the same, be subject to the charges of administration and funeral expenses of said estate, to all medical and hospital expenses necessitated by the injury which caused the death, to reasonable attorneys' fees and reasonable costs and expenses of suit incurred in such recovery.

Notes of Decisions
Cited in 4 cases, 1962–2009 · leading case: Bratcher v. Moriarty, Donoghue & Leja, P.C., 763 N.E.2d 556 (Mass. App. Ct. 2002).
Bratcher v. Moriarty, Donoghue & Leja, P.C., 763 N.E.2d 556 (Mass. App. Ct. 2002). · cites it 2× “Bratcher, and that Kathy was obligated under G. L. c. 229, § 6A, 7 to apply any monies recovered in her wrongful death action to the payment of the charges of administration and funeral expenses of that estate.”
Sullivan v. Goulette, 182 N.E.2d 519 (Mass. 1962). “427, § 6, of G. L. c. 229, § 6A, as theretofore amended through St.”
DiTinno v. DiTinno, 554 F. Supp. 996 (D. Mass. 1983). “G.L. c. 229, § 6A. Therefore, this court will not adjudicate the isolated issue of the plaintiffs’ share when distribution if any, cannot occur until the probate court determines reasonable attorneys’ fees and the other specified expenses and ascertains whether the assets of the…”
Sarrouf Corso, LLP v. Law Off. of Avaunt, 26 Mass. L. Rptr. 257 (Mass. Super. Ct. 2009). “G.L.c. 229, §6A, moreover, provides that, “[a]ll sums recovered under section .”
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