Product Description

Recent updates:

• Update: July 2022

  Dear Subscriber:

  Thank you for choosing to keep your copy of the Massachusetts Probate Manual current with this fifth edition. Inside, you will find new material addressing a broad range of topics and issues, including the following:

  • Soundness of mind. See chapter 5 for updates to the discussion regarding a decedent’s mental capacity in the immediate period surrounding execution of contested documents.

  • Trusts and trustees. See chapter 16 for insights regarding a general trust petition under Section 201, and a 2021 decision that tested its use as a mechanism whereby to bring claims against a trustee for monetary damages.

  • MassHealth (Medicaid) one-year exception to one-year limitation. See chapter 8 for a recent case on the lack of an exception to the ultimate time limit on the personal representative's power to pay claims and the creditor's ability to bring claims laid out in Section 3-108.

  • Jurisdiction of court concerning trusts. See chapter 16 for a recent case ruling that a general trust petition under Section 201 is not an omnibus vehicle for every type of relief a beneficiary may seek against a trust's trustees.

  • Charitable deductions. See chapter 10 for new, practical information on the impact of the date of ascertainability of the value of the charitable devise. The chapter also provides a practical, tax-efficient approach whereby a personal representative can donate unclaimed, tangible personal property to charity.

  • Guardianship versus conservatorship. See chapter 17 for practical insight into whether and how a conservatorship may be avoided, even where a representative payee or other arrangement does not address all of the person's financial needs.

  We at MCLE thank you for your interest in this book, and we trust that you will find this new edition useful in your library and valuable in your service to your clients.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

Table of Contents

Chapter 1 expand

Guide to Environmental Law

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Gregor I. McGregor, Esq., McGregor Legere & Stevens, PC

Chapter 2 expand

State Administration and Enforcement

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Pamela D. Harvey, Esq.,
Colin G. Van Dyke, Esq., Anderson Kreiger LLP

Exhibit 2A

- Checklist: Suggestions for Dealing with MassDEP Staff

Chapter 3 expand

Governmental Enforcement Litigation

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Seth Schofield, Esq., Environmental Protection Division, Office of the Attorney General

Exhibit 3A

- Typical State Complaint Buy Form

Exhibit 3B

- Summary of Criminal and Civil Sanctions Authorized Under State Law Buy Form

Exhibit 3C

- Typical State Settlement Documents Buy Form

Chapter 4 expand

Public Interest Environmental and Energy Litigation

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Phelps Turner, Esq., Conservation Law Foundation

Exhibit 4A

- Sample Complaint: Deadline Suit Against Agency Buy Form

Exhibit 4B

- Sample Complaint: Injunctive Relief and Declaratory Judgment Suit Against Agency Buy Form

Exhibit 4C

- Sample Consent Decrees in Enforcement Suits Buy Form

Exhibit 4D

- Checklist for Lawyers Pursuing Public Interest Environmental and Energy Litigation Buy Form

Exhibit 4E

- Sample FOIA Request, Follow-up Letters, and FOIA Complaint Buy Form

Exhibit 4F

- Massachusetts Public Records Request Template Buy Form

Chapter 5 expand

Common Law Environmental Protection in Massachusetts

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Prof. R. Lisle Baker, Esq., Suffolk University Law School

Chapter 6 expand

Historic Preservation Law

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Kathleen M. O'Donnell, Esq., Law Office of Kathleen M. O'Donnell

Exhibit 6A

- Checklist of Adverse Effects Considered in Evaluating Projects Under Section 106 of the National Historic Preservation Act of 1966 Buy Form

Chapter 7 expand

Taxation Law and Conservation Gifts

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Nancy E. Dempze, Esq., Hemenway & Barnes LLP

Exhibit 7A

- Model Conservation Restriction Form (with DCS Comments) Buy Form

Exhibit 7B

- Conservation Restriction Submission Form Buy Form

Exhibit 7C

- Conservation Restriction Review Process General Outline (DCS Website) Buy Form

Exhibit 7D

- Plans, Policies, and Programs Helpful in Demonstrating State and Local Public Benefit (DCS Website) Buy Form

Exhibit 7E

- Conservation Land Tax Credit Program General Selection Criteria Buy Form

Exhibit 7F

- Massachusetts Conservation Land Tax Credit Application Buy Form

Chapter 8 expand

Massachusetts Fisheries and Wildlife Law

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Harlan M. Doliner, Esq., Mabbett & Associates Inc
Meghan L. Morgan, Esq.,

Chapter 9 expand

Massachusetts Forest and Farmland Law

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Francis A. Di Luna, Esq., Smolak & Vaughan LLP
Robert W. Ritchie, Esq., Formerly Massachusetts Assistant Attorney General

Exhibit 9A

- Slash Disposal Setbacks Buy Form

Exhibit 9B

- Executive Order # 193 Buy Form

Exhibit 9C

- Current Use Taxation Chart Buy Form

Exhibit 9D

- Amendment Article 97 Buy Form

Exhibit 9E

- Probable Statutory Intent of G.L. c. 40A, § 3 Buy Form

Exhibit 9F

- Sales Ratio Tests Buy Form

Chapter 10 expand

Wetlands and Floodplain Law

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Gregor I. McGregor, Esq., McGregor Legere & Stevens, PC

Chapter 11 expand

Tidelands and Waterways Law

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Timothy J. Roskelley, Esq., Anderson Kreiger LLP
Jessica A. Wall, Esq., Anderson Kreiger LLP

Exhibit 11A

- Checklist of Criteria for a Chapter 168 Public Benefit Determination Buy Form

Exhibit 11B

- Developed Shoreline Buy Form

Exhibit 11C

- Pier 4 Mixed-Use Development Consolidated Written Determination and Project License Buy Form

Chapter 12 expand

Coastal Zone Law

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Timothy J. Roskelley, Esq., Anderson Kreiger LLP
Jessica A. Wall, Esq., Anderson Kreiger LLP

Exhibit 12A

- MCZM Program Policies Buy Form

Exhibit 12B

- Checklist of Requirements for Obtaining a Discharge Variance Under 302 C.M.R. § 5.10 Buy Form

Exhibit 12C

- The Oceans Act of 2008 Buy Form

Exhibit 12D

- 2015 Ocean Management Plan, Management Areas Buy Form

Exhibit 12E

- 2015 Ocean Management Plan, Renewable Energy Areas Buy Form

Exhibit 12F

- Massachusetts Beaches Within the Coastal Barrier Resources System Buy Form

Chapter 13 expand

Public Land Law

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Nancy Kaplan, Esq., Eversource/Legal Department

Chapter 14 expand

Massachusetts Clean Air Act

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Kathleen M. Brill, Esq., Foley Hoag LLP
Adam P. Kahn, Esq., Foley Hoag LLP
Ethan Severance, Esq., Foley Hoag LLP

Chapter 15 expand

Water Pollution Control

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Luke H. Legere, Esq., McGregor Legere & Stevens, PC

Exhibit 15A

- Checklist of Exemptions from the Sewer System Extension and Connection Permit Program (314 C.M.R. § 7.00) Buy Form

Chapter 16 expand

Public Health Law and Environmental Law

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Susan A. Bernstein, Esq., Susan A Bernstein

Exhibit 16A

- Checklist of Exceptions to Liability Under Section 10 of the Massachusetts Tort Claims Act Buy Form

Chapter 17 expand

Drinking Water Supply

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Karen L. Crocker, Esq., Department of Environmental Protection, Commonwealth of Massachusetts

Exhibit 17A

- Checklist of Major Components of the Watershed Protection Act of 1992 Buy Form

Exhibit 17B

- Checklist of Key Provisions: The 1996 Safe Drinking Water Act Amendments Buy Form

Chapter 18 expand

Solid Waste Regulation in Massachusetts

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Peter F. Durning, Esq., Burns & Levinson LLP
Thomas A. Mackie, Esq., Burns & Levinson LLP

Exhibit 18A

- Criteria for Siting Buy Form

Exhibit 18B

- Checklist of General Site-Suitability Standards Under 310 C.M.R. § 16.40(4)–(5) Buy Form

Chapter 19 expand

Land Use Planning

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Barbara Carboni, Truro Town Hall
Jonathan D. Witten, Esq., KP Law, PC

Chapter 20 expand

Zoning, Subdivision, and Nonzoning Land Use Controls

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Nathaniel Stevens, Esq., McGregor Legere & Stevens PC

Exhibit 20A

- Checklist for Special Permit Procedure Buy Form

Exhibit 20B

- Checklist for Variance Procedure Buy Form

Exhibit 20C

- Checklist for Zoning Enforcement Procedure Buy Form

Chapter 21 expand

Hazardous Materials Law

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Aladdine D. Joroff, Esq., City of Boston

Exhibit 21A

- Checklist: Summary of Reporting Requirements Under EPCRA and Implementing Regulations Buy Form

Chapter 22 expand

Hazardous Waste Cleanup

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Peter F. Durning, Esq., Burns & Levinson LLP
John F. Shea, Esq., Burns & Levinson LLP

Exhibit 22A

- Emerging Contaminants Buy Form

Exhibit 22B

- Vapor Intrusion Conceptual Site Model and Charts Illustrating Evaluation Process and Critical Exposure Pathway Buy Form

Exhibit 22C

- Similar Soils Provision Guidance Buy Form

Exhibit 22D

- Evolution of the MCP Buy Form

Exhibit 22E

- Audit Fact Sheet Buy Form

Exhibit 22F

- Evolution of Chapter 21E Buy Form

Exhibit 22G

- MCP Timelines and Fees Buy Form

Exhibit 22H

- Summary of the Fee Changes Related to the 2014 Massachusetts Contingency Plan (MCP) Revisions Buy Form

Exhibit 22I

- Downgradient Property Status Fact Sheet Buy Form

Exhibit 22J

- Model Notice of Demand Pursuant to G.L. c. 21E, § 4A Buy Form

Exhibit 22K

- Model Response to Section 4A Demand Notice Buy Form

Exhibit 22L

- MCP Cleanup Timeline Buy Form

Exhibit 22M

- New MCP Questions and Answers Buy Form

Exhibit 22N

- MassDEP Fact Sheet on Brownfields and Waste Site Cleanup Programs Buy Form

Exhibit 22O

- Fact Sheet: The Massachusetts Waste Site Cleanup Program—The Basics Buy Form

Chapter 22A expand

Private Party Cost Recovery

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Christopher Foster, Esq., EastWind Law LLC
Morgan I. Phillips,

Exhibit 22A-A

- Sample Notification Letter Buy Form

Exhibit 22A-B

- Checklist Regarding Claim Notice Under G.L. c. 21E, § 4A Buy Form

Exhibit 22A-C

- Checklist Regarding Claim Response Under G.L. c. 21E, § 4A Buy Form

Exhibit 22A-D

- Sample Complaint Buy Form

Exhibit 22A-E

- Sample Standstill and Tolling Agreement Buy Form

Exhibit 22A-F

- Checklist of Key Witnesses Likely to Be Deposed in a Chapter 21E Case Buy Form

Chapter 23 expand

MEPA Review

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R.J. Lyman, Esq., Dain, Torpy, Le Ray, Wiest & Garner, PC

Chapter 24 expand

Environmental Engineering for Lawyers

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Ronald E. Myrick, Esq.,
Sean Reardon, Tetra Tech, Inc.

Exhibit 24A

- Hazardous Waste Site Assessment Initial Data Source Checklist Buy Form

Chapter 25 expand

Environmental Science for Lawyers

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David Biancavilla, BSC Group, Inc
Ingeborg E. Hegemann, BSC Group, Inc
Melissa Kaplan, BSC Group, Inc
Dominic Rinaldi, BSC Group, Inc

Exhibit 25A

- Bibliography Buy Form

Exhibit 25B

- List of Useful Websites Buy Form

Chapter 26 expand

State Environmental Grant and Loan Programs

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Jamy Buchanan Madeja, Esq., Buchanan & Associates
Jennifer Sulla, Esq., Executive Office of Energy & Environmental Affairs

Chapter 27 expand

Insurance Issues in Environmental Practice

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Harvey Nosowitz, Esq., Anderson Kreiger LLP
Steven L. Schreckinger, Esq., Anderson Kreiger LLP

Chapter 28 expand

Environmental Issues in Real Estate Practice

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Robert D. Cox, Jr., Esq., Bowditch & Dewey LLP

Exhibit 28A

- Basic Conditions for Offer Buy Form

Exhibit 28B

- Intermediate Conditions for Offer to Purchase Premises with Known Contamination Buy Form

Exhibit 28C

- Basic Indemnification Clause for Purchase and Sale Agreement Buy Form

Exhibit 28D

- Intermediate Indemnification Agreement for Execution as a Separate Contract Buy Form

Exhibit 28E

- Advanced Indemnification Agreement Buy Form

Exhibit 28F

- Warranties and Representations for Leaking Underground Tank Cleanup Buy Form

Exhibit 28G

- Lease Provisions on Hazardous Materials Buy Form

Exhibit 28H

- Typical Financing Indemnity Provision Buy Form

Chapter 29 expand

The Police Power and Regulatory Takings

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Gregor I. McGregor, Esq., McGregor Legere & Stevens, PC

Glossary expand

Glossary of Environmental Law Abbreviations

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Editor(s)

Author(s)