Massachusetts Probate Manual
Current—practical—essential guidance on the MUPC
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- Product Number: 2224917WFM
- Publication Date: 7/27/2022
- Edition: 5th Edition 2022
- Copyright: © 2022 MCLE, Inc.
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Product Description
Product Description
The Massachusetts Probate Manual offers up-to-date guidance on the evolving issues surrounding probate practice in Massachusetts. The book offers practice tips and tracks the essential steps you must know in order to handle formal and informal probate matters, preprobate considerations, practical steps to take to avoid probate litigation arising from will contests and compromises, developments pertaining to the removal, death and resignation of fiduciaries, matters concerning real property and the disposition of assets, planning for postmortem issues, testate and intestate distributions, accounts, and the roles and responsibilities of trustees, as well as current developments in the area of guardianships and conservatorships. The book is also a trusted source for cresting case decisions, citations to key primary law sources, and trends.
Recent updates:
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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
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Update: July 2022
- Editors & Authors