Bigos v. Curran

A. Introduction

This case involves Chapter 2 IE and indemnity claims against the beneficiaries of the estate of a deceased man who operated a contaminated dry-cleaning business site before his death. G.L.c. 21E permits claims against a decedent’s estate if the estate is an operator of a release site. The statute does not authorize claims directly against the beneficiaries of the estate. Claims directly against the beneficiaries of an estate are governed by G.L.c. 197, Sec. 28 and 29. In this case the Chapter 2IE and indemnity claims against the beneficiaries are barred by the one-year time…