MCLE is Closed Monday January 21, 2019 in Honor of Martin Luther King Jr.
Close
Print Book

Massachusetts Probate Manual

Current—practical—essential guidance on the MUPC

1880133B00
6/25/2018
1062 pages in 2 volumes (printed book)
4th Edition 2016, with 2018 Supplement
© 2018 MCLE, Inc.
Add to list
Add to list

Product Description

The 2016 edition 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:

  • 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

expand all | collapse all
Chapter 1 - Chronology of an Estate Administration (Buy Chapter)
Chapter 2 - Preprobate Considerations (Buy Chapter)
Chapter 3 - Informal Probate (Buy Chapter)
Chapter 4 - Formal Probate (Buy Chapter)
Chapter 5 - Will Contests, Compromises, and Practical Steps to Avoid Litigation (Buy Chapter)
Chapter 6 - Removal, Resignation, and Death of Fiduciaries (Buy Chapter)
Chapter 7 - Claims Against the Estate (Buy Chapter)
Chapter 8 - MUPC Rules of Construction (Buy Chapter)
Chapter 9 - Powers and Duties of the Personal Representative (Buy Chapter)
Chapter 10 - Sale of Personal Property (Buy Chapter)
Chapter 11 - Real Estate Transfers and Sales (Buy Chapter)
Chapter 12 - Postmortem Planning (Buy Chapter)
Chapter 13 - Testate and Intestate Distributions (Buy Chapter)
Chapter 14 - Fiduciary and Attorney Fees (Buy Chapter)
Chapter 15 - Accounts (Buy Chapter)
Chapter 16 - Trusts and Trustees (Buy Chapter)
Chapter 17 - Guardianships and Conservatorships (Buy Chapter)

Speaker(s)

Pricing

Nonmembers   Sponsor Members New Lawyers
Print Book (printed book) $245.00 $220.50 $183.75
eBook (PDF, MOBI, or EPUB) $245.00 $220.50 $183.75
eArticle (purchased individually) $28.00 $25.00 $18.75
eForm (purchased individually) $18.00 $15.00 $13.50
Online Library (view online) With MCLE OnlinePass® subscription only


With MCLE's supplementation service, new supplements and revisions are mailed automatically with an invoice. If you do not want to subscribe, please check the opt out option during checkout
Print Book
Buy Sponsor Discount Applied in Shopping Cart.