[§486H-9]  Rights of dealer family member. 
(a)  Upon the death of a gasoline dealer, the franchise of said dealer and any
leases or other agreements in connection therewith may be assumed by any dealer
family member, who has actively participated in the franchise during the
twelve-month period immediately preceding the dealer's death (but not
necessarily continuously throughout such period), who meets the qualifications
necessary to operate the station which would be customarily required by the
petroleum distributor in question, and who gives written notice of the dealer
family member's election to assume the franchise, and any leases or other
agreements in connection therewith, to the petroleum distributor and any
lessors of the premises within thirty days of the death of the gasoline dealer
and affirms the same in writing within fifteen days after such thirty-day
period.



(b)  Any dealer family member who is entitled
to give the notice under subsection (a) shall have the right to operate the
franchise during the forty-five-day period provided for in subsection (a).



(c)  "Dealer family member" shall
mean that person from the group consisting of the surviving spouse and
surviving adult children of the dealer designated by the dealer in a written
designation received by the petroleum distributor prior to the dealer's death,
provided that in the absence of any written designation, the dealer family
member shall be that one of the dealer's surviving spouse and the dealer's
surviving adult children who is entitled to give and gives the notice provided
for in subsection (a) and who is chosen by said group.  If said group does not
choose the dealer family member within forty-five days after the dealer's
death, then the petroleum distributor shall have the option of choosing the
dealer family member from among those who were entitled to give and give notice
of their election to assume the franchise, any leases or other agreements in
accordance with subsection (a). [L 1978, c 232, §1; gen ch 1985]