Product Description

Recent updates:

• Update: April 2023

  Dear Subscriber:

  Thank you for updating your library with the latest version of Massachusetts Divorce Law Practice Manual. This newly revised publication brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions in this highly challenging area of practice.

  Highlights from the 2023 edition include

  • amended procedures in the Probate and Family Court regarding virtual hearings and registries and interdivisional and interdepartmental case transfers;

  • discussions throughout the book of the Supreme Judicial Court's decision in Cavanagh v. Cavanagh , 490 Mass. 398 (2022), which addressed the calculation of alimony and child support and continues to be reviewed and implemented by the Massachusetts courts;

  • important amendments to the Massachusetts Child Support Guidelines effective October 2021, including, for example, a specification of three options for parenting time ("shared," two-thirds, and "split"), adjustment of the benchmark child-care cost amount based on the number of children, elimination of the previous 15 percent cap on the health-care credit, and adjustments to the treatment of overtime and income from a secondary job;

  • caselaw addressing when to increase the duration of alimony to reflect a premarital period of cohabitation;

  • newly added guidance on the selection of guardians ad litem (GALs), discussing the importance of designating an alternate GAL, the distinction between Category E and Category F GALs, securing a GAL during periods when they are in short supply, and use of a special GAL to waive or assert the psychotherapeutic privilege of a minor child;

  • the preparation of financial statements and cross-examination on any discrepancies;

  • recent Appeals Court cases on the calculation of alimony;

  • guidance on e-filing procedures in the Probate and Family Court and variations in procedures among counties;

  • recent cases on improper coaching of witnesses during depositions;

  • an amendment to the Massachusetts General Laws bringing the state's taxation of payors and recipients of alimony in line with federal practice under the Tax Cuts and Jobs Act;

  • inflation adjustments to selected dollar amounts in the Bankruptcy Code;

  • a Supreme Judicial Court decision on the allocation of postseparation debt;

  • the suspension of Standing Order 2-16, which required attendance at an approved parenting education course;

  • an Appeals Court decision addressing circumstances where a noncustodial parent living out of state seeks custody of a child and permission to remove the child from Massachusetts; and

  • Appeals Court decisions on the enforceability and interpretation of premarital agreements.

  The book's ethics commentary has been updated throughout to reflect recent changes in the Massachusetts Rules of Professional Conduct and other developments in the area of professional responsibility.

  WWe trust you will find this updated version of the Massachusetts Divorce Law Practice Manual an invaluable resource for your practice.

  Very truly yours,

  John M. Lawlor, Esq., MCLE Publications Attorney

Table of Contents

Chapter 2 expand

Preprobate Considerations

Buy Chapter

Benjamin T. Siracusa Hillman, Esq., Shaheen & Gordon, PA

Checklist 2.1

- Probate Attorney’s Checklist of Initial Tasks After Decedent’s Death Buy Form

Chapter 3 expand

Postmortem Planning

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Benjamin T. Siracusa Hillman, Esq., Shaheen & Gordon, PA

Exhibit 3A

- Sample Disclaimer of Beneficiary’s Interest in Life Insurance Policy Buy Form

Exhibit 3B

- Sample Disclaimer of Interest in Jointly Held Real Property Buy Form

Exhibit 3C

- Sample Disclaimer of Jointly-Held Accounts Buy Form

Exhibit 3D

- Sample Disclaimer of Power of Appointment Buy Form

Chapter 4 expand

Probating the Estate

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Nelson A. Raust, Esq., Ransmeier & Spellman, PC

Chapter 5 expand

Will Contests: Procedure and Strategy

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Ralph F. Holmes, Esq., McLane Middleton

Checklist 5.1

- What Makes a Will Invalid: A Checklist of Considerations Buy Form

Chapter 6 expand

Inventory and Appraisal

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William S. Boesch, Esq., Robinson, Boesch, Sennott & Daly P.A.
Benjamin T. Siracusa Hillman, Esq., Shaheen & Gordon, PA

Exhibit 6A

- Inventory of Fiduciary Form (NHJB-2125-Pe) Buy Form

Exhibit 6B

- What to Expect After You File the Inventory in a Case Buy Form

Chapter 7 expand

Removal, Resignation, and Death of Fiduciaries

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Benjamin T. Siracusa Hillman, Esq., Shaheen & Gordon, PA

Exhibit 7A

- Resignation of Fiduciary Form Buy Form

Chapter 8 expand

Administration of Insolvent Estates

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Christopher R. Paul, Esq., McLane Middleton

Exhibit 8A

- Probate Court Procedure Bulletin 29: Administration of Insolvent Estates Buy Form

Exhibit 8B

- Motion to Determine That an Estate is Insolvent (NHJB-2667-P) Buy Form

Exhibit 8C

- Declination to Serve (NHJB-2123-P) Buy Form

Exhibit 8D

- Motion and License to Mortgage Real Estate (NHJB-2134-P) Buy Form

Exhibit 8E

- Motion for Distribution of Insolvent Estate (NHJB-2668-P) Buy Form

Exhibit 8F

- Affidavit of Administrator Regarding Distribution of Insolvent Estate (NHJB-2669-P) Buy Form

Chapter 9 expand

Testate and Intestate Distributions

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Kelli P. Gardner, Esq., Bank OZK

Exhibit 9A

- Motion for Order of Distribution (NHJB-2131-Pe) Buy Form

Exhibit 9B

- Receipt (NHJB-2139-Pe) Buy Form

Exhibit 9C

- Certification of Trust (NHJB-2634-Pe) Buy Form

Exhibit 9D

- Motion and License to Sell Real Estate to Pay Demands (NHJB-2136-Pe) Buy Form

Exhibit 9E

- Return/Notice of Sale (NHJB-2126-Pe) Buy Form

Chapter 10 expand

Real Estate Transfers and Sales

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John F. Weaver, Esq., Chair, Artificial Intelligence Practice, McLane Middleton

Exhibit 10A

- Inventory of Fiduciary (NHJB-2125-P) Buy Form

Exhibit 10B

- Notice to Towns and Cities Pursuant to RSA 554:18-a (NHJB-2141-P) Buy Form

Exhibit 10C

- Motion and License to Sell Real Estate to Pay Demands (NHJB-2136-P) Buy Form

Exhibit 10D

- Motion to Determine That an Estate is Insolvent (NHJB-2667-P) Buy Form

Exhibit 10E

- Motion and License to Mortgage Real Estate (NHJB-2134-P) Buy Form

Exhibit 10F

- Return/Notice of Sale (NHJB-2126-P) Buy Form

Chapter 11 expand

Sale of Personal Property

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Denis P. Dillon, Esq., McLane Middleton

Chapter 12 expand

Fiduciary Accounting

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William S. Boesch, Esq., Robinson, Boesch, Sennott & Daly P.A.
Benjamin T. Siracusa Hillman, Esq., Shaheen & Gordon, PA

Exhibit 12A

- Motion for Summary Administration (NHJB-2149-Pe) Buy Form

Exhibit 12B

- Executor’s/Administrator’s Accounting Form (NHJB-2117-Pe) Buy Form

Chapter 13 expand

Fiduciary and Attorney Fees

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Denis P. Dillon, Esq., McLane Middleton

Exhibit 13A

- Inventory of Fiduciary (Form NHJB-2125-Pe) Buy Form

Chapter 14 expand

Testamentary Trusts

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Denis P. Dillon, Esq., McLane Middleton

Exhibit 14A

- Trustee’s Accounting (Form NHJB-2118-P) Buy Form

Exhibit 14B

- Declination (Form NHJB-2123-Pe) Buy Form

Chapter 15 expand

Guardians and Conservators

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Andrea L. Daly, Esq., Robinson, Boesch, Sennott & Daly P.A.

Editor(s)

Author(s)