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

Practical Steps in Handling an Estate Planning Matter

Buy Chapter

Jennifer T. Fleming, Esq., Prince Lobel Tye LLP

Exhibit 1A

- Estate Planning Questionnaire Buy Form

Exhibit 1B

- Sample Correspondence Buy Form

Chapter 2 expand

Estate, Gift, and Generation-Skipping Transfer Taxes

Buy Chapter

Patricia M. Annino, Esq., Rimon, PC
Eric D. Karlberg, Esq., BNY Mellon Wealth Management
Christopher D. Perry, Esq., The Northern Trust Company
Michelle M. Porter, Esq., Goulston & Storrs, PC
Andrew D. Rothstein, Esq., Goulston & Storrs, PC
Helen H. Stewart, Esq.,

Chapter 3 expand

Fundamental Testamentary Planning

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Thomas E. Bator, Esq., Pratt, Bator & Popov LLP
Tracy A. Craig, Esq., Seder & Chandler
William N. Friedler, Esq., Verrill Dana LLP
Janet Wilson Moore, Esq., Mirick, O'Connell, DeMallie & Lougee LLP
Evelyn V. Moreno, Esq., Nixon Peabody LLP
Lisa M. Neeley, Esq., Rubin and Rudman LLP
Jeffrey W. Roberts, Esq., Nutter McClennen & Fish LLP
Michael J. Simolo, Esq., Fierst Bloomberg Ohm LLP
Jon E. Steffensen, Esq., McLane Middleton

Exhibit 3A

- Pour-Over Will Provision: Pour-Over Residue to Own Trust Buy Form

Exhibit 3B

- Pour-Over Will Provision: Residue to Other Person’s Trust Buy Form

Exhibit 3C

- Marital Deduction/Generation-Skipping Trust Buy Form

Chapter 4 expand

Marital Deduction Planning and Drafting Techniques

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Jon E. Steffensen, Esq., McLane Middleton

Exhibit 4A

- 26 U.S.C. § 2011 Credit for State Death Taxes Buy Form

Chapter 5 expand

Lifetime Asset Transfers

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Tracy A. Craig, Esq., Seder & Chandler
Allen J. Falke, Esq., Mirick, O'Connell, DeMallie & Lougee LLP
Melissa Langa, Esq., Bove & Langa, PC
Molly R. Soiffer, Esq., Bove & Langa, PC

Exhibit 5A

- Section 2503(c) Trust Buy Form

Exhibit 5B

- Sample Crummey Trust Buy Form

Chapter 6 expand

Charitable Giving Outright and in Trust

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Mark M. Christopher, Esq., Goulston & Storrs, PC

Exhibit 6A

- IRS Revenue Procedures Issuing Sample CRT Forms Buy Form

Chapter 7 expand

Life Insurance and Estate Planning

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Robert L. Arone, Esq., Orsi Arone Rothenberg & Turner LLP
Richard P. Breed, III, Esq., Tarlow, Breed, Hart & Rodgers, PC
William D. Kirchick, Esq., Nutter McClennen & Fish LLP
Alan S. Novick, Esq., Novick Law Offices
Ralph J. Rotman, CLU, Northwestern Mutual Financial Network

Exhibit 7A

- Unilateral Buyout Agreement Buy Form

Exhibit 7B

- Split-Dollar Insurance Agreement Buy Form

Exhibit 7C

- Crummey Instructions and Notice Buy Form

Chapter 8 expand

Advance Medical Directives: Living Wills, Durable Powers of Attorney, and Health-Care Proxies

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Sheryl J. Dennis, Esq., Fields and Dennis LLP
Vicki L. Shemin, Esq., Fields and Dennis LLP

Checklist 8.1

- Health Care Proxy Checklist Buy Form

Exhibit 8A

- Living Will Buy Form

Exhibit 8B

- Durable Power of Attorney Buy Form

Exhibit 8C

- Health Care Proxies Buy Form

Exhibit 8D

- Massachusetts Medical Orders for Life-Sustaining Treatment (MOLST) Buy Form

Chapter 9 expand

Estate Planning for Retirement Benefits

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Robert G. Holdway, Esq.,

Exhibit 9A

- Uniform Lifetime Table Buy Form

Exhibit 9B

- Sample Basic Beneficiary Designation Buy Form

Exhibit 9C

- Single Life Table Buy Form

Exhibit 9D

- Distribution Period Buy Form

Chapter 10 expand

Basic Strategies to Preserve and Protect the Family Business

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Luke C. Bean, Esq., Rico, Murphy, Diamond & Bean LLP
Lisa M. Rico, Esq., Rico, Murphy, Diamond & Bean LLP
Judith A. Saxe, Esq., CIBC Private Wealth Management

Chapter 11 expand

Medicaid and Creditor Protection Trusts

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John J. Bowe, Jr., Esq., John J. Bowe, Attorney at Law, P.C.

Chapter 12 expand

Marital Agreements

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Mary H. Schmidt, Esq., Verrill Dana LLP
Christopher H. Suh, Esq., The Wagner Law Group, A Professional Corporation

Checklist 12.1

- Prenuptial Agreement Checklist Buy Form

Checklist 12.2

- Postnuptial Agreement Checklist Buy Form

Checklist 12.3

- Separation Agreement Checklist Buy Form

Chapter 13 expand

Estate Planning for Unmarried Couples

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Donna M. Turley, Esq., Turley LLC

Chapter 14 expand

Planning for Incapacity

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Susan K. McClements, Esq.,

Exhibit 14A

- Language Defining Incapacity Buy Form

Exhibit 14B

- Special Clauses for Durable Power of Attorney Buy Form

Exhibit 14C

- Escrow Agreement Buy Form

Exhibit 14D

- Durable General Power of Attorney Buy Form

Exhibit 14E

- Affidavit Regarding Power of Attorney (REBA Form 1) Buy Form

Exhibit 14F

- Sample Health-Care Proxy Buy Form

Exhibit 14G

- HIPAA Release Form Buy Form

Exhibit 14H

- Additional Resources Buy Form

Chapter 15 expand

Estate Planning for Same-Sex Couples: Selected Issues

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Thanda Fields Brassard, Esq., Fiduciary Trust Company

Chapter 16 expand

Same-Sex Marriage, Divorce, and Estate Planning Issues

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Lisa M. Cukier, Esq., Burns & Levinson LLP
Andrea E. Nelson, Esq., Burns & Levinson LLP

Checklist 16.1

- Adoption Checklist: Coparent Adoption (Where One or Both Parties Are Already Legal Parents to Child) Buy Form

Checklist 16.2

- Known Donor Checklist for Married Same-Sex Couples Buy Form

Checklist 16.3

- Adoption Checklist—Private Domestic or International Adoption Buy Form

Checklist 16.4

- Alternate Routes to Parentage Buy Form

Checklist 16.5

- Guardian ad Litem Initial Questions (When Ascertaining Whether to Propose or Agree to GAL) Buy Form

Exhibit 16A

- Joint Representation Consent Buy Form

Exhibit 16B

- Motion to Waive Six-Month Residency Requirement Buy Form

Exhibit 16C

- Motion to Waive Notice [to Be Filed Where Child Conceived Prior to Marriage or Nonmarital] Buy Form

Exhibit 16D

- Affidavit [to Be Filed Where Child Conceived During Marriage] Buy Form

Exhibit 16E

- Motion to Waive Home Study Buy Form

Exhibit 16F

- Affidavit of Parents Buy Form

Exhibit 16G

- Form R-891S: Certificate of Adoption Buy Form

Exhibit 16H

- Complaint to Establish Parentage and Support Memorandum Buy Form

Exhibit 16I

- Client Intake Checklist for Dissolutions/Divorce and Potential Issues Buy Form

Exhibit 16J

- Complaint in Equity for Dissolution of Civil Union Buy Form

Exhibit 16K

- Health-Care Proxy Buy Form

Exhibit 16L

- Authorization for Release of Protected Health Information Buy Form

Exhibit 16M

- Massachusetts Health-Care Proxy Information, Instructions, and Form Buy Form

Exhibit 16N

- DNR Order Verification Buy Form

Exhibit 16O

- Durable Power of Attorney Buy Form

Exhibit 16P

- Statement Concerning Durable Power of Attorney Buy Form

Exhibit 16Q

- Will Buy Form

Exhibit 16R

- Declaration as to Remains Buy Form

Exhibit 16S

- Voluntary Acknowledgment of Parentage Buy Form

Chapter 17 expand

Postmortem Estate Planning

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Clifford R. Cohen, Esq., Burns & Levinson LLP
George L. Cushing, Esq., McLane Middleton
Eric P. Hayes, Esq., Goodwin Procter LLP
Colin M. Korzec, Esq., Bank of America, Private Bank
Karen L. Witherell, Esq., Bove & Langa, PC

Checklist 17.1

- Checklist for Disclaimers Buy Form

Exhibit 17A

- Disclaimer of Survivorship Interest in Joint Property and of Powers as Beneficiary and Trustee of Trust Buy Form

Exhibit 17B

- Disclaimer of an Interest in Real Estate Buy Form

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Ethics Editor(s)

Author(s)