2006 Massachusetts Code - Chapter 65A — Section 5A. Recovery of apportioned taxes.

Section 5A. In all cases in which any property required to be included in the gross estate as defined by the applicable estate tax laws of the United States or the commonwealth does not come into the possession of the executor or administrator as such, he shall, in cases where property of a trust created inter vivos, property subject to a power of appointment, or property in which the decedent had a qualifying income interest for life is included in the gross estate for purposes of either such tax, be entitled to recover from the fiduciary in possession of the corpus of such trust or of such property, and in all other cases from the recipients or beneficiaries of property or interests with respect to which the federal or the commonwealth estate tax is levied or assessed the proportionate amount of the federal or the commonwealth tax, as the case may be, payable by such fiduciary or persons with which they are chargeable under the provisions of section five; provided, however, that no such tax or any part thereof shall be recovered from any company issuing (1) any policy of insurance, annuity or endowment contract on the life of or insuring the decedent, including accident and health policies, or (2) any such policy or contract insuring the decedent and one or more other persons jointly, or (3) any such policy or contract on the life of or insuring one or more persons other than the decedent in which the decedent owned any interest at the time of his death; or from any bank, trust company or other banking institution with respect to any account standing in the joint names of the decedent and any other person of which it is the depositary. Any person who shall have paid more than the proportionate amount of the tax apportionable to him under section five on any property or interest passing to him, or in his possession, shall be entitled to a just and equitable contribution from those who shall not have paid the full amount of the tax apportionable to them respectively.