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 01 expand

Ethical Considerations in Handling an Estate Plan and Engagement

Buy Chapter

Daphne Moritz, Esq., Sheehey Furlong & Behm, PC

Exhibit 1A

- Reminder Letter to Client Regarding Review of Estate Planning Documents Buy Form

Exhibit 1B

- Excerpt from “Representing Clients with Diminished Capacity,” by Constance V. Vecchione, Esq. Buy Form

Exhibit 1C

- Record of Services to Be Provided to Client Buy Form

Exhibit 1D

- Confidential Client Data Request Buy Form

Exhibit 1E

- Estate Planning Documents Flow Chart Buy Form

Exhibit 1F

- Estate Planning Summary Letter Buy Form

Exhibit 1G

- Execution Procedure for Durable Powers of Attorney and Living Wills Buy Form

Exhibit 1H

- Family Discussion Checklist Buy Form

Exhibit 1I

- Legal Fees and Billing—Information for Client Buy Form

Exhibit 1J

- Estate Planning Documents—Letter to Client Buy Form

Chapter 02 expand

Estate, Gift, and Generation-Skipping Transfer Taxes

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Steven E. Schindler, Esq., Schindler Law Office, PLC

Chapter 03 expand

Fundamental Estate Planning

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Jeanne C. Blackmore, Esq., Trust Company of Vermont
Livia K. DeMarchis, Esq, Trust Company of Vermont

Exhibit 3A

- Sample Will Buy Form

Exhibit 3B

- Revocable Inter Vivos Trust Buy Form

Exhibit 3C

- Approval of Trust Agreement by Spouse Buy Form

Exhibit 3D

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

Chapter 04 expand

Marital Deduction Planning and Drafting Techniques

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Mark A. Langan, Esq., Dinse

Chapter 05 expand

Advance Directives and Powers of Attorney for Financial Matters

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Launa L. Slater, Esq., Wiener & Slater Law Offices PLLC

Exhibit 5A

- Vermont Ethics Network Advance Directive for Health Care (Long Form) Buy Form

Exhibit 5B

- Disability Rights Vermont Advance Directive Form Buy Form

Chapter 06 expand

Special Needs Planning

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James A. Caffry, Esq., Caffry Law, PLLC
Glenn A. Jarrett, Esq., Jarrett & Luitjens PLC

Exhibit 6A

- Comparison of Three Social Security Programs Buy Form

Exhibit 6B

- Trust Provisions for Distribution Plans and Standards Buy Form

Exhibit 6C

- Examples of Permissible Distributions Buy Form

Exhibit 6D

- Self-Settled Special Needs Trust Requirement to Reimburse Medicaid (“Medicaid Payback” Provision) Buy Form

Exhibit 6E

- Vermont Pooled Trust Program as of August 2023 Buy Form

Exhibit 6F

- Sample Trust Protector Provisions to Plan for Unanticipated Changes in the Law or Circumstances Buy Form

Exhibit 6G

- Sample Preamble and Introductory Paragraphs Buy Form

Chapter 07 expand

Marital Agreements

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Juliana E. Hoyt, Esq., Jarrett Hoyt

Checklist 7.1

- Prenuptial Agreement Checklist Buy Form

Checklist 7.2

- Postnuptial Agreement Checklist Buy Form

Checklist 7.3

- Separation Agreement Checklist Buy Form

Chapter 08 expand

Vermont Trust Code

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Ellen B. LaPlante, Esq., Unsworth LaPlante PLLC
Stephen A. Unsworth, Esq., Unsworth LaPlante PLLC

Chapter 09 expand

The Uniform Principal and Income Act and the Unitrust Election

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Mark A. Langan, Esq., Dinse

Chapter 10 expand

Postmortem Estate Planning

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Hon. Jeffrey P. Kilgore,

Chapter 11 expand

Life Insurance and Estate Planning

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Aaron J. Goldberg, Esq.,

Exhibit 11A

- Supplemental Materials Buy Form

Exhibit 11B

- Information on Life Insurance Excerpted from the Vermont Department of Financial Regulation Website Buy Form

Exhibit 11C

- Disclosure Relating to Insurance in Engagement Letter Buy Form

Editor(s)

Author(s)