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Drafting Wills and Trusts in Massachusetts

Draft masterful and precise wills and trusts

1900235B00
4/5/2017
684 pages in 1 volume (printed book)
4th Edition 2017
© 2017 MCLE, Inc.
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Product Description

Fulfill your clients' wishes while creating documents that make estate-planning sense with Drafting Wills and Trusts in Massachusetts. It offers over 300 plain-English clause options, accompanied by practice suggestions and brief overviews of relevant authority. Each will or trust drafting objective contains sample clause language along with common options, enabling the practitioner to create basic documents and more complex alternatives.

Practitioners will find the unique format of this well-organized estate planning reference a timesaver and an authoritative resource in drafting wills and trusts. Special issues and situations are covered, such as trust provisions for children and grandchildren, provisions addressing disposition on the donor's death, execution and attestation—and much more.

Recent updates:

  • Update: March 2017

    Dear Subscriber:

    Thank you for choosing to keep your copy of Drafting Wills and Trusts in Massachusetts current with this 2017 update. Inside, you will find new analysis, new primary law, and new practice tips on matters such as the following:

    • Provisions regarding pecuniary payments. Chapter 5 contains guidance as to a situation where a gift will lapse even in the instance where a survivorship is specified.
    • QDOT trusts-foreign tax treatment. See chapter 18 for a caution regarding the situation where a surviving spouse already lives abroad, where it is anticipated that the surviving spouse may move abroad after the death of the decedent, or where the QDOT will hold foreign property.
    • Trust payments made during the settlor's lifetime. Chapter 24 offers several new sample clauses, guiding drafting on the delicate topic of expanding use of the settlors assets upon the settlor's "incapacity" or when the settlor is "not of legal capacity."
    • Ascertainable standards-marital and nonmarital. See chapter 35 for new sample wording for ascertainable standards clauses, along with a Practice Note discussing the significance of the (subsequently overturned) 2015 opinion of the Massachusetts Appeals Court in Pfannenstiehl v. Pfannenstiehl, 88 Mass. App. Ct. 121 (2015), for such standards as they are stated in discretionary trusts.

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

    Cordially,

    Maryanne G. Jensen, Esq., Director of Publications

Table of Contents

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Checklists - Estate Planning Checklists (Buy Chapter)
Chapter 1 - Drafting Under the Massachusetts Uniform Probate Code (Buy Chapter)
Chapter 2 - Publishing Clause (Buy Chapter)
Chapter 3 - Funeral Arrangements and Organ Donations (Buy Chapter)
Chapter 4 - Gifts of Tangible Personal Property (Buy Chapter)
Chapter 5 - Pecuniary Transfers (Buy Chapter)
Chapter 6 - Transfers of Joint Property Bank Accounts, Insurance, and Securities (Buy Chapter)
Chapter 7 - Disposition of Closely Held Business Interests (Buy Chapter)
Chapter 8 - Special Problems Related to Transfers (Buy Chapter)
Chapter 9 - Real Estate (Buy Chapter)
Chapter 10 - Residuary Disposition (Buy Chapter)
Chapter 11 - Abatement, Ademption, Lapse, Disinheritance, In Terrorem, and Disclaimer (Buy Chapter)
Chapter 12 - Survivorship Clauses (Buy Chapter)
Chapter 13 - Dispensing with the Appointment of a Guardian Ad Litem (Buy Chapter)
Chapter 14 - Provisions Regarding Payment of Estate Taxes (Buy Chapter)
Chapter 15 - Personal Representatives (Buy Chapter)
Chapter 16 - Provisions Regarding Guardians and Conservators for Minors (Buy Chapter)
Chapter 17 - Powers of Personal Representatives (Buy Chapter)
Chapter 18 - Will Provisions Pertaining to the Noncitizen Spouse (Buy Chapter)
Chapter 19 - Will Provisions Pertaining to the Multinational Estate (Buy Chapter)
Chapter 20 - Will Provisions Pertaining to Literature, Art, Music, and Computer Programs (Buy Chapter)
Chapter 21 - Execution and Attestation (Buy Chapter)
Chapter 22 - Codicils (Buy Chapter)
Chapter 23 - Establishment of Trusts, Amendments, and Trust Property (Buy Chapter)
Chapter 24 - Trust Payments During the Life of the Settlor (Buy Chapter)
Chapter 25 - Making Retirement Benefits Payable to Trusts (Buy Chapter)
Chapter 26 - Marital Deduction Formulas (Buy Chapter)
Chapter 27 - Generation-Skipping Tax Provisions (Buy Chapter)
Chapter 28 - Forms of Marital and Family Trusts (Buy Chapter)
Chapter 29 - Trusts for Children, Grandchildren, and Others (Buy Chapter)
Chapter 30 - Withdrawal Rights Pertaining to Trusts (Buy Chapter)
Chapter 31 - Trust Provisions for the Residence (Buy Chapter)
Chapter 32 - Trusts for Disabled Beneficiaries (Buy Chapter)
Chapter 33 - Creating Powers of Appointment in Trusts (Buy Chapter)
Chapter 34 - Definitions in Trusts (Buy Chapter)
Chapter 35 - Discretionary Distributions of Principal in Trusts (Buy Chapter)
Chapter 36 - Disclaimers in Trusts (Buy Chapter)
Chapter 37 - Trust Termination (Buy Chapter)
Chapter 38 - The Spendthrift Clause in Trusts (Buy Chapter)
Chapter 39 - Accounting Clauses in Trusts (Buy Chapter)
Chapter 40 - Trust Clauses Regarding Copies (Buy Chapter)
Chapter 41 - Trust Clauses Regarding Governing Law (Buy Chapter)
Chapter 42 - Trust Clauses Regarding the Rule Against Perpetuities (Buy Chapter)
Chapter 43 - Trust Clauses Regarding the Management of Business and Real Estate Interests (Buy Chapter)
Chapter 44 - Trust Clauses Regarding Delegation of General Investment Responsibility (Buy Chapter)
Chapter 45 - Trust Clauses Regarding Stock in S Corporations (Buy Chapter)
Chapter 46 - Ultimate Disposition (Buy Chapter)
Chapter 47 - Payment of Testamentary Devises, Debts, and Taxes (Buy Chapter)
Chapter 48 - Original and Successor Trustees (Buy Chapter)
Chapter 49 - Trustee Powers and Compensation (Buy Chapter)
Chapter 50 - Incapacity Documents (Buy Chapter)
Chapter 51 - Estate Planning for the Divorcing Client (Buy Chapter)
Chapter 52 - Estate Planning for Same-Sex Couples (Buy Chapter)

Editor(s)

Author(s)

Patricia M. Annino, Esq., Rimon, PC, Boston
Nathan E. Bress, Esq., Pratt, Bator & Popov LLP, Boston
Kimberly E. Cohen, Esq., Ropes & Gray LLP Private Client Group, Boston
George C. Constant, Esq., Constant Law Group, PC, Lexington
Tamara E. Kolz Griffin, Esq., Law Office of Tamara Kolz Griffin, Wayland
Karen B. Mariscal, Esq., Mariscal Special Needs Law, Wellesley
Patricia D. Popov, Esq., Pratt, Bator & Popov LLP, Boston
Jason J. Port, Esq., Law Offices of James A. Miller, Worcester
Scott E. Squillace, Esq., Squillace & Associates, PC, Boston
Kevin J. Willis, Esq., Ropes & Gray LLP Private Client Group, Boston
Karen L. Witherell, Esq., Bove & Langa, PC, Boston

Speaker(s)

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Print Book (printed book) $175.00 $157.50 $131.25
eBook (PDF, MOBI, or EPUB) $175.00 $157.50 $131.25
eArticle (purchased individually) $28.00 $25.00 $18.75
eForm (purchased individually) $18.00 $15.00 $13.50
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