Product Description

Recent updates:

• Update: June 2018

  Dear Subscriber:

  Thank you for choosing to keep your volumes of the Massachusetts Probate Manual current with this first supplement to the fourth edition 2016. Inside, you will find important information on a spectrum of probate topics, including the following:

  • Survivorship with respect to future interests; substitute takers. In Chapter 8, read examples and solutions to the issue of the antilapse presumption in the case of the failure of a future interest beneficiary to survive to the time of taking possession.

  • Clearing title to real estate. In Chapter 11, see a new discussion of practical issues surrounding instructions for a late proceeding.

  • Postmortem planning. See Chapter 12 for a practice tip relative to the Tax Cuts and Jobs Act, passed by Congress on December 20, 2017, which significantly expanded existing exemptions from estate, gift, and generation-skipping transfer taxes.

  • Procedure for determining fees. Chapter 14 has updated information and analysis of the Brady case and the significance of a hearing on the fee award.

  • New duty to inform and account to beneficiaries. See Chapter 16 for commentary on changes in procedure relative to formal administration. A 2016 case is cited.

  We at MCLE trust that you will find this material useful in your probate practice and valuable in keeping your law library current.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

• Update: July 2016

  Dear Subscriber:

  Thank you for choosing to keep your volumes of the Massachusetts Probate Manual current with this Fourth Edition 2016. Inside, you will find important information on a spectrum of probate topics, including the following:

  • Transfer on Death: The MUPC includes helpful provisions regarding the treatment of nontestamentary transfers, such as "pay on death," or "POD," accounts and "transfer on death," or "TOD," accounts. G.L. c. 190B, §§ 6-301-6-311. Read about the practical uses of TOD and POD accounts in Chapter 9.

  • Testator's Knowledge of Contents of Will: The proponent's burden of proving that the testator knew the contents of the will "is usually sustained by the presumption that a person signing a written instrument knows its contents." Richardson v. Richardson, 226 Mass. 240, 245 (1917). However, the presumption that a person signing a written instrument knows its contents may be rebutted under certain circumstances. Find a 2015 case on this topic in Chapter 5.

  • Determining Intestate Shares of Next-of-Kin: See Chapter 3 for details on how intestate succession is understood by the courts. The chapter also offers a helpful chart for quick reference.

  • Removal of Trustee: In addition to the three grounds to remove a trustee for cause, the law also permits a fourth, "no-fault," ground for removal, which effectively gives qualified beneficiaries the power to control the trust. For guidance on how to fill out Form MPC 266 in this regard, see Chapter 6.

  • Fiduciary Fees: For discussion of an important decision by Justice Botsford (acting as Single Justice) that defines what constitutes a "clearly excessive fee" in the case of an attorney who served as both the executrix of the will of a decedent and the attorney for the executrix, see Chapter 14.

  We at MCLE trust that you will find this material useful in your probate practice and valuable in keeping your law library current.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

Table of Contents

Chapter 1 expand

Chronology of an Estate Administration

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Chapter 2 expand

Preprobate Considerations

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Deborah J. Manus, Esq., Nutter McClennen & Fish LLP

Chapter 3 expand

Informal Probate

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Mark A. Leahy, Esq., Burke, Whittum & Leahy LLC
Evelyn J. Patsos, Esq., Probate and Family Court, Commonwealth of Massachusetts
Michael H. Riley, Esq., Tinti, Quinn, Grover & Frey

Exhibit 3A

- Petition for Informal Probate of Will/?Appointment of Personal Representative (Form MPC 150) Buy Form

Exhibit 3B

- Instructions for Informal Probate with or Without a Will (Form MPC 962) Buy Form

Exhibit 3C

- Affidavit of Domicile (Form MPC 485) Buy Form

Exhibit 3D

- Assent and Waiver of Notice/Renunciation/Nomination/ Waiver of Sureties (Form MPC 455) Buy Form

Exhibit 3E

- Instructions for Completing Assent and Waiver of Notice/ Renunciation/Nomination/?Waiver of Sureties—Form MPC 455 (Form MPC 941) Buy Form

Exhibit 3F

- Cause of Death Affidavit (Form MPC 475) Buy Form

Exhibit 3G

- Surviving Spouse, Children, Heirs at Law (Form MPC 162) Buy Form

Exhibit 3H

- Devisees (Form MPC 163) Buy Form

Exhibit 3I

- Degrees of Kinship Chart Buy Form

Exhibit 3J

- Bond (Form MPC 801) Buy Form

Exhibit 3K

- Demand for Sureties (Form MPC 360) Buy Form

Exhibit 3L

- Affidavit in Support of Release of Demand for Sureties (Form MPC 490) Buy Form

Exhibit 3M

- Notice of Informal Probate and Return of Service (Form MPC 550) Buy Form

Exhibit 3N

- Informal Probate Publication Notice (Form MPC 551) Buy Form

Exhibit 3O

- Military Affidavit (Form TC 002) Buy Form

Exhibit 3P

- Order of Informal Probate of Will and/or Appointment of Personal Representative (Form MPC 750) Buy Form

Exhibit 3Q

- Domiciliary Foreign Personal Representative’s Sworn Statement (Form MPC 180) Buy Form

Chapter 4 expand

Formal Probate

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Mark A. Leahy, Esq., Burke, Whittum & Leahy LLC
Evelyn J. Patsos, Esq., Probate and Family Court, Commonwealth of Massachusetts
Michael H. Riley, Esq., Tinti, Quinn, Grover & Frey

Exhibit 4A

- Petition for Formal Appointment of a Personal Representative (Form MPC 160) Buy Form

Exhibit 4B

- Instructions for Formal Probate with or Without a Will (Form MPC 963) Buy Form

Exhibit 4C

- Affidavit of Domicile (Form MPC 485) Buy Form

Exhibit 4D

- Petition for Late and Limited Formal Testacy and/or Appointment (Form MPC 161) Buy Form

Exhibit 4E

- Instructions for Late and Limited Formal Testacy and/or Appointment (Form MPC 964) Buy Form

Exhibit 4F

- Assent and Waiver of Notice/Renunciation/Nomination/ Waiver of Sureties (Form MPC 455) Buy Form

Exhibit 4G

- Instructions for Form MPC 455 (MPC Form 941) Buy Form

Exhibit 4H

- Cause of Death Affidavit (Form MPC 475) Buy Form

Exhibit 4I

- Surviving Spouse, Children, Heirs at Law (Form MPC 162) Buy Form

Exhibit 4J

- Instructions for Form MPC 162–Surviving Spouse, Children, Heirs at Law (Form MPC 958) Buy Form

Exhibit 4K

- Massachusetts Degrees of Kinship Chart (Form MPC 960) Buy Form

Exhibit 4L

- Devisees (Form MPC 163) Buy Form

Exhibit 4M

- Instructions for Form MPC 163–Devisees (Form MPC 959) Buy Form

Exhibit 4N

- Decree and Order on Petition for Formal Adjudication (Form MPC 755) Buy Form

Exhibit 4O

- Motion to Waive Guardian ad Litem Buy Form

Exhibit 4P

- Bond (Form MPC 801) Buy Form

Exhibit 4Q

- Demand for Sureties (Form MPC 360) Buy Form

Exhibit 4R

- Affidavit in Support of Release of Demand for Sureties (Form MPC 490) Buy Form

Exhibit 4S

- Notice of Appearance and/or Objection (Form MPC 505a) Buy Form

Exhibit 4T

- Motion for Allowance of Copy of Will Buy Form

Exhibit 4U

- Motion for Appointment of Special Personal Representative Buy Form

Exhibit 4V

- Petition for Appointment of Special Personal Representative (Form MPC 350) Buy Form

Exhibit 4W

- Petition for Informal Appointment of Successor Personal Representative (Form MPC 255) Buy Form

Exhibit 4X

- Petition for Formal Appointment of Successor Personal Representative (Form MPC 270) Buy Form

Chapter 5 expand

Will Contests, Compromises, and Practical Steps to Avoid Litigation

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Tiffany M. Bentley, Esq., Burns & Levinson LLP
Brian D. Bixby, Esq., Burns & Levinson LLP

Exhibit 5A

- Standing Order 1-06 Buy Form

Exhibit 5B

- Probate Court Scheduling Practices and Procedures (Effective March 15, 2010) Buy Form

Exhibit 5C

- Notice of Appearance Buy Form

Exhibit 5D

- Affidavit of Objections Buy Form

Exhibit 5E

- Standing Order 3-17: Fiduciary Litigation Session Pilot Project Buy Form

Chapter 6 expand

Removal, Resignation, and Death of Fiduciaries

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Thomas P. Jalkut, Esq., Nutter McClennen & Fish LLP
Evelyn J. Patsos, Esq., Probate and Family Court, Commonwealth of Massachusetts

Exhibit 6A

- Petition for Formal Removal of Personal Representative (MPC 265) Buy Form

Exhibit 6B

- Petition to Render Inventory (MPC 856) Buy Form

Exhibit 6C

- Uniform Counsel Certification Form Buy Form

Exhibit 6D

- Resignation of Fiduciary (MPC 264) Buy Form

Exhibit 6E

- Petition for Removal of Trustee (MPC 266) Buy Form

Exhibit 6F

- Petition for Informal Appointment of Successor Personal Representative (MPC 255) Buy Form

Exhibit 6G

- Petition for Formal Appointment of Successor Personal Representative (MPC 270) Buy Form

Exhibit 6H

- Renunciation of Right to Appointment and/or Nomination of Personal Representative (MPC 455) Buy Form

Chapter 7 expand

Claims Against the Estate

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Elizabeth J. Bailey, Esq., Kotin, Crabtree & Strong LLP

Chapter 8 expand

MUPC Rules of Construction

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Robert G. Stewart, Esq.,

Chapter 9 expand

Powers and Duties of the Personal Representative

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Nancy E. Dempze, Esq., Hemenway & Barnes LLP

Exhibit 9A

- Checklist of Duties of the Personal Representative Relative to Collecting and Identifying Assets Buy Form

Exhibit 9B

- Checklist of Powers and Duties of the Personal Representative, with Corresponding Statutory Authority Under the MUPC Buy Form

Exhibit 9C

- Petition for Order of Complete Settlement Buy Form

Exhibit 9D

- Closing Statement—G.L. c. 190B, § 3 1003 Buy Form

Chapter 10 expand

Sale of Personal Property

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Mary H. Schmidt, Esq., Schmidt & Federico, PC
William H. Schmidt, Esq., Schmidt & Federico, PC
Christopher H. Suh, Esq., Schmidt & Federico, PC

Exhibit 10A

- Bill of Sale, Personal Property Buy Form

Chapter 11 expand

Real Estate Transfers and Sales

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Jennifer A. Maggiacomo, Esq., Norfolk County Probate and Family Court, Commonwealth of Massachusetts

Exhibit 11A

- REBA Title Standard No. 41: List of Heirs Buy Form

Exhibit 11B

- Assent and Release Buy Form

Exhibit 11C

- General Assent Buy Form

Exhibit 11D

- REBA Title Standard No. 10: Powerof Sale Under Will Buy Form

Exhibit 11E

- REBA Title Standard No. 78: Personal Representative Conveyances Per Power of Sale Under Massachusetts Uniform Probate Code Buy Form

Exhibit 11F

- Petition for License to Sell: Debts, Legacies, and Charges of Administration Buy Form

Exhibit 11G

- Petition for Sale of Real Estate (Form MPC 210), Personal Representative’s Checklist (Form MPC 973), and Decree of Sale of Real Estate (Form MPC 794) Buy Form

Exhibit 11H

- REBA Form No. 32: Affidavit Pursuant to G.L. c. 65C, § 14(a) Buy Form

Exhibit 11I

- Reserved

Exhibit 11J

- Memo from Edmund A. Williams to Registry Districts – Registered Land Sections Re: MUPC (October 13, 2012) Buy Form

Exhibit 11K

- REBA Title Standard No. 3: Federal Estate Tax Liens Buy Form

Exhibit 11L

- REBA Title Standard No. 24: Massachusetts Estate Tax Liens Buy Form

Exhibit 11M

- Petition for License to Sell: Foreign Buy Form

Exhibit 11N

- REBA Title Standard No. 40: Transfers by Devisees Buy Form

Exhibit 11O

- REBA Form No. 58: Deed of Distribution Pursuant to G.L. c. 190B, § 3-907 Buy Form

Chapter 12 expand

Postmortem Planning

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Magda L. Fleckner, Esq., Goulston & Storrs, PC

Exhibit 12A

- Waiver of Will Buy Form

Exhibit 12B

- Life Insurance Buy Form

Exhibit 12C

- Jointly Held Real Property Buy Form

Exhibit 12D

- Jointly-Held Accounts Buy Form

Exhibit 12E

- Power of Appointment Buy Form

Exhibit 12F

- Bibliography Buy Form

Chapter 13 expand

Testate and Intestate Distributions

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Jennifer Collins, Esq., Nixon Peabody LLP

Exhibit 13A

- Intestate Succession Under the MUPC Buy Form

Exhibit 13B

- Intestate Succession Under Pre MUPC Rules Buy Form

Exhibit 13C

- Degrees of Kinship Buy Form

Exhibit 13D

- Surviving Spouse, Children, Heirs at Law Form Buy Form

Exhibit 13E

- Devisees Buy Form

Exhibit 13F

- Petition to Render Buy Form

Exhibit 13G

- Petition for Formal Removal of Personal Representative Buy Form

Chapter 14 expand

Fiduciary and Attorney Fees

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Hanson S. Reynolds, Esq.,

Chapter 15 expand

Accounts

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Jeffrey W. Roberts, Esq., Nutter McClennen & Fish LLP

Exhibit 15A

- Executor’s First and Final Account Buy Form

Exhibit 15B

- Trustee’s Tenth Account Buy Form

Exhibit 15C

- Petition for Allowance of Account Buy Form

Exhibit 15D

- Petition for Order of Complete Settlement Buy Form

Exhibit 15E

- Decree and Order of Complete Settlement Buy Form

Exhibit 15F

- Small Estate Closing Statement Buy Form

Exhibit 15G

- Closing Statement Buy Form

Exhibit 15H

- Petition to Render Inventory/Account/Distribution Buy Form

Exhibit 15I

- Order to Render Account Buy Form

Exhibit 15J

- Contempt: Failure to Render Account Buy Form

Exhibit 15K

- Motion to Waive Appointment of Guardian Ad Litem Buy Form

Exhibit 15L

- Affidavit Under Uniform Practice XVIA Buy Form

Exhibit 15M

- Guardian Ad Litem and Next Friend Buy Form

Exhibit 15N

- Affidavit as to Military Service Buy Form

Exhibit 15O

- Appointment of Military Attorney Buy Form

Exhibit 15P

- Assent and Waiver of Notice Buy Form

Exhibit 15Q

- Release of Guardian and Surety Buy Form

Exhibit 15R

- Decree and Order: Allowance of Trustee’s Account Buy Form

Exhibit 15S

- Decree and Order: Allowance of Personal Representative’s Account Buy Form

Exhibit 15T

- Appearance Buy Form

Exhibit 15U

- Objection to Personal Representative’s Account Buy Form

Exhibit 15V

- Motion to Strike Appearance Buy Form

Exhibit 15W

- Motion to Strike Objection and Appearance Buy Form

Chapter 16 expand

Trusts and Trustees

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Thomas P. Jalkut, Esq., Nutter McClennen & Fish LLP

Exhibit 16A

- Form MPC 856 Buy Form

Exhibit 16B

- Form MPC 857 Buy Form

Exhibit 16C

- Form MPC 201 Buy Form

Exhibit 16D

- Form MPC 295 Buy Form

Exhibit 16E

- Form MPC 801 Buy Form

Exhibit 16F

- Form MPC 266 Buy Form

Exhibit 16G

- Form MPC 275 Buy Form

Exhibit 16H

- Form MPC 782 Buy Form

Exhibit 16I

- Form MPC 351 Buy Form

Exhibit 16J

- Form MPC 777 Buy Form

Exhibit 16K

- Form MPC 267 Buy Form

Exhibit 16L

- Form MPC 792 Buy Form

Exhibit 16M

- Amended Report of the Supreme Judicial Court’s Ad Hoc Committee on Bosch Litigation Buy Form

Chapter 17 expand

Guardianships and Conservatorships

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Ruth A. Mattson, Esq., Vacovec, Mayotte & Singer LLP
Rebecca Tunney, Esq.,

Exhibit 17A

- Checklist of Court Required Duties as a Conservator Buy Form

Exhibit 17AA

- Petition for Appointment of Guardian of Minor, Form MPC 140 Buy Form

Exhibit 17B

- Checklist of Court Required Duties as a Guardian of Incapacitated Persons Buy Form

Exhibit 17C

- Guardianship Petition, Form MPC 120 Buy Form

Exhibit 17D

- Conservatorship Petition, Form MPC 130 Buy Form

Exhibit 17E

- Medical Certificate, Form MPC 400 Buy Form

Exhibit 17F

- Medical Certificate Affidavit, FormMPC 403 Buy Form

Exhibit 17G

- Notice of Hearing, Form MPC 504 Buy Form

Exhibit 17H

- Certificate of Service, Form MPC 500 Buy Form

Exhibit 17I

- Bond, Form MPC 801 Buy Form

Exhibit 17J

- Verified Motion for Appointment of Temporary Guardian, Form MPC 320 Buy Form

Exhibit 17K

- Sample Decree and Order of Appointment of a Guardian, Form MPC 740 Buy Form

Exhibit 17L

- Guardian’s Personal Care Plan/?Report, Form MPC 821 Buy Form

Exhibit 17M

- Sample Conservator’s Financial Plan, Form MPC 831 Buy Form

Exhibit 17N

- Instructions for Completing Conservator’s Inventory, Form MPC 934 Buy Form

Exhibit 17O

- Combined Account, Form MPC 853 Buy Form

Exhibit 17P

- Simplified Accounting Guidelines for Estate and Conservator Accounts (MPC 904) Buy Form

Exhibit 17Q

- Petition to Expand/Modify/Limit the Powers of a Guardian, Form MPC 220 Buy Form

Exhibit 17R

- Petition to Expand/Modify/Limit the Powers of a Conservator, Form MPC 230 Buy Form

Exhibit 17S

- Petition for Termination of a Guardianship and/or Conservatorship, Form MPC 203 Buy Form

Exhibit 17T

- Petition for Resignation of a Guardian and/or Conservator, Form MPC 202 Buy Form

Exhibit 17U

- Petition for Removal of a Guardian, Form MPC 221 Buy Form

Exhibit 17V

- Petition for Removal of a Conservator, Form MPC 231 Buy Form

Exhibit 17W

- Instructions for Completion of Notice of Intent to Admit to a Nursing Facility for Short Term Services, Form MPC 955 Buy Form

Exhibit 17X

- Notice of Right to Counsel, Form MPC 592 Buy Form

Exhibit 17Y

- Application for Appointment of Counsel for Parent of Minor Child, Form MPC 263 Buy Form

Exhibit 17Z

- Order Appointing Counsel for Parent of Minor Child, Form MPC 603 Buy Form

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Author(s)