Product Description

Recent updates:

• Update: December 2024

  Dear Subscriber:

  Thank you for updating your reference library with the 2024 edition of the Massachusetts Basic Practice Manual. This product incorporates the latest developments in the practice areas most important for lawyers on the frontlines of today's legal practice.

  Highlights include

  • changes in the Massachusetts estate tax, raising the asset threshold from $1 million to $2 million effective for estates of decedents dying on or after January 1, 2023;

  • an expanded discussion of issues relating to Massachusetts wills and trusts, including powers of appointment and replacement of trustees;

  • extensive revisions to the book's guidance on issues in the probate and administration of estates, including closing statements, removal of personal representatives, securing possession of property, and inventories;

  • the effect on commissions of class-action lawsuits against the National Association of Realtors;

  • loss of the attorney-client privilege when including third-party addressees on residential-real-estate-related communications;

  • disclosure of fees earned by closing attorneys on the purchase of title insurance;

  • new guidance on the application of use and occupancy agreements in the scheduling of real estate closings;

  • important developments in landlord-tenant practice, including a new law on the sealing of eviction records and extensive changes to summary process actions set forth in Housing Court Standing Order No. 1-23;

  • ongoing consideration of the accuracy of the Draeger Alcotest 9510 device used to measure the blood alcohol content of drivers suspected of operating under the influence (OUI) and a 2023 Supreme Judicial Court decision allowing a large group of OUI defendants to move to vacate their convictions; and

  • implementation of a 2022 law titled the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, expanding the litigation options available to sexual assault and sexual harassment victims.

  We trust you will find the Massachusetts Basic Practice Manual a valuable resource, as we at MCLE continue our efforts to bring you the latest solutions to the issues you face in your practice.

  Cordially,

  MCLE Press

Table of Contents

Chapter 01 expand

Drafting Simple Will and Trust Clauses

Buy Chapter

Emily Parker Beekman, Esq., Corient
Tracy A. Craig, Esq., Seder & Chandler
Lisa M. Neeley, Esq., Rubin and Rudman LLP

Checklist 1.1

- Checklist of Health-Care Proxy Issues Buy Form

Exhibit 1A

- Simple Will Buy Form

Exhibit 1B

- Will with Residuary Trust Buy Form

Exhibit 1C

- Authorization and Consent for Release of Electronically Stored Information Buy Form

Exhibit 1D

- Alternative Sample Language for Spray Trust with Separate Shares When Oldest Is Age Twenty-Two with Powers of Withdrawal Buy Form

Exhibit 1E

- Codicil (Modifying Simple Will) Buy Form

Exhibit 1F

- Durable Power of Attorney to Take Effect Immediately and Name an Alternate Attorney in Fact Buy Form

Exhibit 1G

- Durable Power of Attorney to Take Effect on Incapacity Buy Form

Exhibit 1H

- Health-Care Proxy Buy Form

Exhibit 1I

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

Exhibit 1J

- Authorization for Release and Disclosure of Health Information Buy Form

Exhibit 1K

- Ten Frequently Asked Questions Buy Form

Exhibit 1L

- Bibliography Buy Form

Chapter 02 expand

The Probate and Administration of Estates in Massachusetts

Buy Chapter

Darian M. Butcher, Esq., Butcher Law LLC
Jennifer D. Taddeo, Esq., Estatewise Advisory LLC

Exhibit 2A

- Voluntary Administration Statement Buy Form

Exhibit 2B

- Petition for Informal Probate of Will Buy Form

Exhibit 2C

- Bond Buy Form

Exhibit 2D

- Military Affidavit Buy Form

Exhibit 2E

- Order of Informal Probate of Will Buy Form

Exhibit 2F

- Notice of Informal Probate Buy Form

Exhibit 2G

- Assent and Waiver of Notice/Renunciation/Waiver of Sureties/Nomination Buy Form

Exhibit 2H

- Informal Probate Publication Notice Buy Form

Exhibit 2I

- Petition for Formal Probate of a Will Buy Form

Exhibit 2J

- Decree and Order on Petition for Formal Adjudication Buy Form

Exhibit 2K

- Petition for Appointment of Special Personal Representative Buy Form

Exhibit 2L

- Petition for a License to Sell for the Payment of Debts Buy Form

Exhibit 2M

- Petition for a General License to Sell Buy Form

Exhibit 2N

- Representation of Insolvency Buy Form

Exhibit 2O

- Personal Representative’s Affidavit of Notice to Creditors of Representation of Insolvency Buy Form

Exhibit 2P

- Decree and Order of Insolvency Buy Form

Exhibit 2Q

- Table Showing Order of Priority Among Kindred Buy Form

Exhibit 2R

- Inventory Buy Form

Exhibit 2S

- Account Buy Form

Exhibit 2T

- Petition for Allowance of Account Buy Form

Exhibit 2U

- Closing Statement Buy Form

Exhibit 2V

- Small Estate Closing Statement Buy Form

Exhibit 2W

- Petition for Order of Complete Settlement Buy Form

Exhibit 2X

- Decree and Order for Complete Settlement Buy Form

Chapter 03 expand

An Overview of the Attorney’s Role in Residential Real Estate Transactions

Buy Chapter

Keira F. Gibson, Esq., Kajko, Weisman & Colasanti LLP
Richard Keshian, Esq., Kajko, Weisman & Colasanti LLP

Checklist 3.1

- Purchase and Sale Conference Checklist for Representing Seller Buy Form

Checklist 3.2

- Buyer’s Checklist for Purchase and Sale Agreement Buy Form

Checklist 3.3

- Buyer’s Condominium Checklist (Supplement to Buyer’s Checklist for Purchase and Sale Agreement) Buy Form

Checklist 3.4

- Checklist of Typical Contents of Initial Letter to Seller Client Buy Form

Checklist 3.5

- Checklist of Typical Contents of Initial Letter to Buyer Client Buy Form

Chapter 04 expand

Residential Landlord-Tenant Practice: Creating and Terminating Residential Tenancies

Buy Chapter

Catherine F. Downing, Esq., Downing Van Dyke LLC
James M. McCreight, Esq., Greater Boston Legal Services

Checklist 4.1

- Checklist for Notice Required from Storage Facility Holding Evicted Defendant’s Possessions Buy Form

Exhibit 4A

- Rental Application Buy Form

Exhibit 4B

- Request for Prior Landlord Reference Buy Form

Exhibit 4C

- Licensee Agreement Buy Form

Exhibit 4D

- Tenancy-at-Will Buy Form

Exhibit 4E

- Standard Form Apartment Lease Buy Form

Exhibit 4F

- Rent and Security Deposit Receipt Buy Form

Exhibit 4G

- Apartment Condition Statement Buy Form

Exhibit 4H

- Security Deposit Return Form Buy Form

Exhibit 4I

- Housing Court Standing Orders Nos. 1-23 and 6-20 Buy Form

Exhibit 4J

- Notice to Quit Terminating Tenancy-at-Will Buy Form

Exhibit 4K

- Notice to Quit Tenancy-at-Will with Offer of New Tenancy Buy Form

Exhibit 4L

- Notice to Quit for Lease Violation Buy Form

Exhibit 4M

- Rental Period Notice to Quit Buy Form

Exhibit 4N

- Use and Occupancy Letter Buy Form

Exhibit 4O

- Notice to Quit for Nonpayment of Rent Buy Form

Exhibit 4P

- Housing Court Standing Order No. 1-20 Buy Form

Exhibit 4Q

- Summary Process Summons and Complaint Buy Form

Exhibit 4R

- Housing Court Standing Order No. 1-01 Buy Form

Exhibit 4S

- Plaintiff’s Sample Motion for Payment of Use and Occupancy and Supporting Affidavit Buy Form

Exhibit 4T

- MLRI Discovery Booklet Buy Form

Exhibit 4U

- Plaintiff’s Sample Responses to Discovery Requests and Memorandum in Opposition to Defendant’s Motion to Compel Buy Form

Chapter 05 expand

Procedures for Obtaining Variances and Special Permits

Buy Chapter

Michael K. Murray, Esq., Nixon Peabody LLP
Nicholas P. Shapiro, Esq., Phillips & Angley

Chapter 06 expand

Divorce Demystified

Buy Chapter

David M. Bilodeau, Esq., Goldstein & Bilodeau, PC
Lisa Zuckerman, Esq., Zuckerman Law Group

Checklist 6.1

- Important Issues in Divorce Practice Buy Form

Checklist 6.2

- Thirty Days Until Trial Buy Form

Exhibit 6A

- Client Questionnaire Buy Form

Exhibit 6B

- Client’s Memorandum on Divorce Buy Form

Exhibit 6C

- Client’s Memorandum on Children’s Concerns During Divorce Buy Form

Exhibit 6D

- Child Support Guidelines Buy Form

Exhibit 6E

- Child Support Guidelines Worksheet Buy Form

Exhibit 6F

- Sample Separation Agreement Buy Form

Exhibit 6G

- Joint Petition for Divorce Buy Form

Exhibit 6H

- Complaint for Divorce Buy Form

Exhibit 6I

- Financial Statement (Long Form and Short Form) Buy Form

Exhibit 6J

- Uniform Counsel Certification Form Buy Form

Exhibit 6K

- Standing Order 1-06 Buy Form

Exhibit 6L

- Ten Frequently Asked Questions Buy Form

Chapter 07 expand

Organizing a Massachusetts Business

Buy Chapter

James R. Burke, Esq.,
Francesca O. Considine, Nutter McClennen & Fish LLP
Portia S. Keady, Esq., Nutter McClennen & Fish LLP
Christopher S. McLoon, Esq., Cozen & O'Connor
David A. Parke, Esq., Bulkley, Richardson and Gelinas LLP

Exhibit 7A

- Sample Consent of Sole Incorporator Buy Form

Exhibit 7B

- Sample Articles of Organization Buy Form

Exhibit 7C

- Sample Bylaws Buy Form

Exhibit 7D

- Sample Consent of Directors Buy Form

Exhibit 7E

- Partnership Example LLC Buy Form

Exhibit 7F

- Corporate Model LLC Buy Form

Exhibit 7G

- Shortform Associates LLC Buy Form

Exhibit 7H

- Initial LLC Buy Form

Exhibit 7I

- Default Provisions in the Massachusetts Limited Liability Company Act (G.L. c. 156C) Buy Form

Exhibit 7J

- Mandatory Provisions in the Massachusetts Limited Liability Company Act (G.L. c. 156C) Buy Form

Exhibit 7K

- Provisions in the Massachusetts Limited Liability Company Act (G.L. c. 156C) Requiring a Writing Buy Form

Chapter 08 expand

An Overview of Bankruptcy Practice in Massachusetts

Buy Chapter

Olga L. Gordon, Esq., Murtha Cullina LLP

Chapter 09 expand

Preparing and Trying a Civil Case

Buy Chapter

Jeffrey C. Melick, Esq., Kajko, Weisman & Colasanti LLP

Checklist 9.1

- Documents for Personal Injury Cases Buy Form

Exhibit 9A

- Motion for Separate Entry of Final Judgment Buy Form

Exhibit 9B

- Order for Separate Entry of Final Judgment Buy Form

Exhibit 9C

- Special Verdict Questions for the Jury Buy Form

Exhibit 9D

- Ten Frequently Asked Questions Buy Form

Chapter 10 expand

Successfully Defending an OUI Case

Buy Chapter

Joseph D. Bernard, Esq., Law Offices of Joseph D. Bernard, PC

Checklist 10.1

- Successfully Defending an OUI Case Buy Form

Checklist 10.2

- Expert Qualification—Establishing Expertise Buy Form

Exhibit 10A

- Model Jury Instruction 3.200, Operation of a Motor Vehicle Buy Form

Exhibit 10B

- Model Jury Instruction 3.280, Public Way Buy Form

Exhibit 10C

- Model Jury Instruction 5.300, Operating with a Blood Alcohol Level of .08 Percent or Greater Buy Form

Exhibit 10D

- Model Jury Instruction 5.400, Operating Under the Influence of Drugs Buy Form

Exhibit 10E

- Motion in Limine to Exclude Horizontal Nystagmus Test Buy Form

Exhibit 10F

- Motion to Inspect Evidence and Reports Buy Form

Exhibit 10G

- Memorandum of Decision on Consolidated Defendants’ Motion to Exclude Breath Alcohol Content Percentage Results Using the Alcotest 9510 and Any Opinion Testimony, Commonwealth v. Ananias, No. 1248CR1075, at 30–31 (Mass. Dist. Ct., Boston Mun. Ct. Feb. 16, Buy Form

Exhibit 10H

- Memorandum of Decision on Consolidated Defendants’ Motion to Compel and Impose Sanctions, Commonwealth v. Ananias, No. 1248CR1075 (Mass. Dist. Ct., Boston Mun. Ct. Jan. 9, 2019) (Ananias II) Buy Form

Exhibit 10I

- Memorandum of Decision on Commonwealth’s Motion to Admit Breath Test Results, Commonwealth v. Ananias, No. 1248CR1075 (Mass. Dist. Ct., Boston Mun. Ct. July 29, 2019) (Ananias III) Buy Form

Exhibit 10J

- Areas of Breathalyzer Expert Testimony Buy Form

Exhibit 10K

- Proposed Jury Instructions of Defendant Buy Form

Exhibit 10L

- Motion and Order for Return of License Following a Finding of Not Guilty Buy Form

Exhibit 10M

- Ten Frequently Asked Questions Buy Form

Chapter 11 expand

Introduction to the Practice of Employment Law

Buy Chapter

Brian J. MacDonough, Esq., Sherin and Lodgen LLP

Checklist 11.1

- A Massachusetts Employment Lawyer’s Checklist: Claims, Defenses, and Counterclaims Buy Form

Exhibit 11A

- Ten Frequently Asked Questions Regarding Employment Law Buy Form

Exhibit 11B

- MCAD Procedures for Private Complaints Buy Form

Chapter 12 expand

Workers’ Compensation Practice: Initial Steps in Representing Claimants, Employers, and Insurers

Buy Chapter

Joseph F. Agnelli, Jr., Esq., Agnelli Law Offices, PC
Scott E. Richardson, Esq., The Law Offices of Steven B. Stein

Checklist 12.1

- Checklist for Initial Interview Regarding Workers’ Compensation Claim Buy Form

Checklist 12.2

- Checklist for Filing a Workers’ Compensation Claim Buy Form

Exhibit 12A

- DIA Form 115 (Third Party Claim/Notice of Lien) Buy Form

Exhibit 12B

- DIA Form 114 (Notice of Change/Appearance of Counsel) Buy Form

Exhibit 12C

- DIA Form 110 (Employee’s Claim) Buy Form

Exhibit 12D

- DIA Form 104 (Insurer’s Notification of Denial) Buy Form

Exhibit 12E

- DIA Form 126 (Employee’s Earning Report) Buy Form

Author(s)