Drafting Wills and Trusts in Massachusetts

Draft masterful and precise wills and trusts

Product Number: 1900235B00
Publication Date: 12/27/2022
Edition: 6th Edition 2023
Copyright: © 2022 MCLE, Inc.
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Drafting Wills and Trusts in Massachusetts

Draft masterful and precise wills and trusts

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Print Book 404 pages in 1 volume with downloadable forms Note: For print books, with MCLE's automatic update service, book revisions are mailed automatically with an invoice. If you do not want to subscribe to updates, please check the opt out option during checkout.

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Product Description
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: December 2022
  Dear Subscriber:
  
  Thank you for choosing to stay current in the drafting of wills and trusts with this new 2023 edition of Drafting Wills and Trusts in Massachusetts . Inside, you will find material on the following topics:
  - Pecuniary gifts to charity. See chapter 5 for an updated Practice Note and new suggested language expressing the testator's intention to authorize the personal representative to substitute an inactive or nonexistent organization for another organization that is in active existence.
  - Valuation. See chapter 20 for discussion of the speculative value of estate assets and issues surrounding the duration of copyright. The chapter cites cases involving the Michael Jackson and Harper Lee estates.
  - HIPAA release. See chapter 50 for practical insights.
  - Prudent investor. See chapter 44 for caveats about asset investing.
  - Assets in closely held companies. See chapter 43 for language regarding delegation of trustee authority.
  We at MCLE trust that you will find this new material useful in your practice, and valuable in keeping your law library current.
  
  Cordially,
  
  Maryanne G. Jensen, Esq., Director of Publications
Table of Contents

Table of Contents
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Checklist expand

Estate Planning Checklists
Buy Chapter
Mary H. Schmidt, Esq., Verrill Dana LLP
Christopher H. Suh, Esq., The Wagner Law Group, A Professional Corporation

Checklist 1
- Initial Estate Planning Review Questionaire Buy Form

Checklist 2
- Estate Tax Summary Checklist Buy Form

Checklist 3
- Will Drafting Checklist Buy Form

Checklist 4
- Trust Drafting Checklist Buy Form

Checklist 5
- Other Estate Planning Concept/Information to Consider Buy Form

Chapter 1 expand

Drafting Under the Massachusetts Uniform Code
Buy Chapter
Richard C. Barry, Jr., Esq., Fletcher Tilton, PC

Chapter 2 expand

Publishing Cause
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Jason J. Port, Esq., McLane Middleton

Chapter 3 expand

Funeral Arrangements and Organ Donations
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Joanna E. Scannell, Esq.,

Exhibit 3A
- The Living Bank Questions and Answers Brochure and Donor Registration Form Buy Form

Chapter 4 expand

Gifts of Tangible Personal Property
Buy Chapter
Nina T. Dow, Esq., Bowditch & Dewey LLP

Chapter 5 expand

Pecuniary Transfers
Buy Chapter
Seunghee Cha, Esq., Bulkley, Richardson and Gelinas LLP

Chapter 6 expand

Transfers of Joint Property, Bank Accounts, Insurance, and Securities
Buy Chapter
Andrew Mark Golden, Esq., Nutter McClennen & Fish LLP

Chapter 7 expand

Disposition of Closely Held Business Interests
Buy Chapter
Kimberly E. Cohen, Esq., Choate Hall & Stewart LLP

Chapter 8 expand

Special Problems Related to Transfers
Buy Chapter
George L. Cushing, Esq.,
Karen B. Mariscal, Esq., Mariscal Special Needs Law

Chapter 9 expand

Real Estate
Buy Chapter
Nancy B. Samiljan, Esq., Goulston & Storrs, PC

Exhibit 9A
- Deed of Distribution (REBA Form No. 58) Buy Form

Exhibit 9B
- Declaration of Homestead (For Homes Owned by Natural Persons) REBA Form No. 16 Buy Form

Exhibit 9C
- Declaration of Homestead (For Homes Owned by Trustees) REBA Form No. 16A Buy Form

Exhibit 9D
- Declaration of Elderly or Disabled Homestead (For Homes Owned by Natural Persons) REBA Form No. 16B Buy Form

Exhibit 9E
- Declaration of Elderly or Disabled Homestead (For Homes Owned by Trustees) REBA Form No. 16C Buy Form

Chapter 10 expand

Residuary Disposition
Buy Chapter
Susan L. Repetti, Esq.,

Chapter 11 expand

Abatement, Ademption, Lapse, Disinheritance, In Terrorem, and Disclaimer
Buy Chapter
Susan L. Repetti, Esq.,

Exhibit 11A
- Specific Simple Disclaimer Buy Form

Exhibit 11B
- Partial Disclaimer Tracking Statutory Language Buy Form

Chapter 12 expand

Survivorship Clauses
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Nina T. Dow, Esq., Bowditch & Dewey LLP

Chapter 13 expand

Dispensing with the Appointment of a Guardian ad Litem
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Nina T. Dow, Esq., Bowditch & Dewey LLP

Chapter 14 expand

Provisions Regarding Payment of Estate Taxes
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George L. Cushing, Esq.,
Karen L. Witherell, Esq., Bove Langa Witherell & Soiffer

Chapter 15 expand

Personal Representatives
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Nina T. Dow, Esq., Bowditch & Dewey LLP

Chapter 16 expand

Provisions Regarding Guardians and Conservators for Minors
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Kevin J. Willis, Esq., Lourie & Cutler, PC

Chapter 17 expand

Powers of Personal Representatives
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Eric P. Hayes, Esq., Goodwin Procter LLP

Chapter 18 expand

Will Provisions Pertaining to the Noncitizen Spouse
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David L. Silvian, Esq., Day Pitney LLP

Chapter 19 expand

Will Provisions Pertaining to the Multinational Estate
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David L. Silvian, Esq., Day Pitney LLP

Chapter 20 expand

Will Provisions Pertaining to Literature, Art, Music, and Computer Programs
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Patricia M. Annino, Esq., Rimon, PC

Chapter 21 expand

Execution and Attestation
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Patricia M. Annino, Esq., Rimon, PC

Chapter 22 expand

Codicils
Buy Chapter
Nina T. Dow, Esq., Bowditch & Dewey LLP

Chapter 23 expand

Establishment of Trusts, Amendments, and Trust Property
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William H. Schmidt, Esq., Squillace & Associates, PC

Chapter 24 expand

Trust Payments During the Life of the Settlor
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George C. Constant, Esq., Constant Law Group, PC

Chapter 25 expand

Making Retirement Benefits Payable to Trusts
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William H. Schmidt, Esq., Squillace & Associates, PC

Checklist 25.1
- Considerations for Drafting a Trust That Is to Be Named as Beneficiary of a Client's Retirement Plan Benefits Buy Form

Chapter 26 expand

Marital Deduction Formulas
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William D. Kirchick, Esq., Nutter McClennen & Fish LLP

Chapter 27 expand

Generation-Skipping Tax Provisions
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Leo J. Cushing, Esq., Cushing & Dolan, PC
Ashley A. Gignac, Esq., Comiter, Singer, Baseman & Braun LLP

Chapter 28 expand

Forms of Marital and Family Trusts
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William D. Kirchick, Esq., Nutter McClennen & Fish LLP

Chapter 29 expand

Trusts for Children, Grandchildren, and Others
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Mark A. Nowak, Esq., McCarter & English LLP

Chapter 30 expand

Withdrawal Rights Pertaining to Trusts
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Mark A. Nowak, Esq., McCarter & English LLP

Chapter 31 expand

Trust Provisions for the Residence
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Nancy B. Samiljan, Esq., Goulston & Storrs, PC

Exhibit 31A
- Trustee’s Certificate (REBA Form No. 35) Buy Form

Chapter 32 expand

Trusts for Disabled Beneficiaries
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Laura Goodman, Esq., Margolis Bloom & D'Agostino LLP
Harry S. Margolis, Esq., Margolis Bloom & D'Agostino LLP
Karen B. Mariscal, Esq., Mariscal Special Needs Law

Chapter 33 expand

Creating Powers of Appointment in Trusts
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Mark A. Nowak, Esq., McCarter & English LLP

Chapter 34 expand

Definitions in Trusts
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Richard P. Breed, III, Esq., Tarlow, Breed, Hart & Rodgers, PC
Karen B. Mariscal, Esq., Mariscal Special Needs Law

Chapter 35 expand

Discretionary Distributions of Principal in Trusts
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Nathan E. Bress, Esq., Pratt, Bator & Popov LLP

Chapter 36 expand

Disclaimers in Trusts
Buy Chapter
William H. Schmidt, Esq., Squillace & Associates, PC

Chapter 37 expand

Trust Termination
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Brett J. Barthelmeh, Esq., Squillace & Associates, PC

Exhibit 37A
- Sample Petition to Terminate a Trust Buy Form

Chapter 38 expand

The Spendthrift Clause in Trusts
Buy Chapter
Mary H. Schmidt, Esq., Verrill Dana LLP
Christopher H. Suh, Esq., The Wagner Law Group, A Professional Corporation

Chapter 39 expand

Accounting Clauses in Trusts
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Susan L. Repetti, Esq.,

Chapter 40 expand

Trust Clauses Regarding Copies
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Susan L. Repetti, Esq.,

Chapter 41 expand

Trust Clauses Regarding Governing Law
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Susan L. Repetti, Esq.,

Chapter 42 expand

Trust Clauses Regarding the Rule Against Perpetuities
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Eric P. Hayes, Esq., Goodwin Procter LLP

Chapter 43 expand

Trust Clauses Regarding the Management of Business and Real Estate Interests
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Kimberly E. Cohen, Esq., Choate Hall & Stewart LLP

Chapter 44 expand

Trust Clauses Regarding Delegation of General Investment Responsibility
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Dianne L. Frade, Esq.,
Mark A. Nowak, Esq., McCarter & English LLP

Chapter 45 expand

Trust Clauses Regarding Stock in S Corporations
Buy Chapter
Dianne L. Frade, Esq.,
Mark A. Nowak, Esq., McCarter & English LLP

Chapter 46 expand

Ultimate Disposition
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Jason J. Port, Esq., McLane Middleton

Chapter 47 expand

Payment of Testamentary Devises, Debts, and Taxes
Buy Chapter
George L. Cushing, Esq.,
Karen L. Witherell, Esq., Bove Langa Witherell & Soiffer

Chapter 48 expand

Original and Successor Trustees
Buy Chapter
Seunghee Cha, Esq., Bulkley, Richardson and Gelinas LLP

Chapter 49 expand

Trustee Powers and Compensation
Buy Chapter
Eric P. Hayes, Esq., Goodwin Procter LLP

Chapter 50 expand

Incapacity Documents
Buy Chapter
Brett J. Barthelmeh, Esq., Squillace & Associates, PC

Exhibit 50A
- Sample Durable Power of Attorney for Tax Matters Buy Form

Exhibit 50B
- Sample Massachusetts Emergency Guardianship Proxy Buy Form

Exhibit 50C
- Sample MOLST Form Buy Form

Chapter 51 expand

Estate Planning for the Divorcing Client
Buy Chapter
Mary H. Schmidt, Esq., Verrill Dana LLP
Christopher H. Suh, Esq., The Wagner Law Group, A Professional Corporation

Chapter 52 expand

Estate Planning for LGBTQ+ Couples and Individuals
Buy Chapter
Tamara E. Kolz Griffin, Esq., Law Office of Tamara Kolz Griffin
Editors & Authors

Editor(s)

Eric P. Hayes, Esq., Goodwin Procter LLP, Boston

Mark A. Nowak, Esq., McCarter & English LLP, Boston

Mary H. Schmidt, Esq., Verrill Dana LLP, Boston

Author(s)

Patricia M. Annino, Esq., Rimon, PC, Boston

Richard C. Barry, Jr., Esq., Fletcher Tilton, PC, Worcester

Brett J. Barthelmeh, Esq., Squillace & Associates, PC, Boston

Richard P. Breed, III, Esq., Tarlow, Breed, Hart & Rodgers, PC, Boston

Nathan E. Bress, Esq., Pratt, Bator & Popov LLP, Boston

Seunghee Cha, Esq., Bulkley, Richardson and Gelinas LLP, Springfield

Kimberly E. Cohen, Esq., Choate Hall & Stewart LLP, Boston

George C. Constant, Esq., Constant Law Group, PC, Lexington

George L. Cushing, Esq., Woburn

Leo J. Cushing, Esq., Cushing & Dolan, PC, Waltham

Nina T. Dow, Esq., Bowditch & Dewey LLP, Worcester

Dianne L. Frade, Esq., Woburn

Ashley A. Gignac, Esq., Comiter, Singer, Baseman & Braun LLP, Palm Beach Gardens

Andrew Mark Golden, Esq., Nutter McClennen & Fish LLP, Boston

Laura Goodman, Esq., Margolis Bloom & D'Agostino LLP, Wellesley Hills

Eric P. Hayes, Esq., Goodwin Procter LLP, Boston

William D. Kirchick, Esq., Nutter McClennen & Fish LLP, Boston

Tamara E. Kolz Griffin, Esq., Law Office of Tamara Kolz Griffin, Wayland

Harry S. Margolis, Esq., Margolis Bloom & D'Agostino LLP, Wellesley Hills

Karen B. Mariscal, Esq., Mariscal Special Needs Law, Wellesley

Karen L. McKenna, Esq., Tarlow, Breed, Hart & Rodgers, PC, Boston

Mark A. Nowak, Esq., McCarter & English LLP, Boston

Jason J. Port, Esq., McLane Middleton, Manchester

Susan L. Repetti, Esq.,

Nancy B. Samiljan, Esq., Goulston & Storrs, PC, Boston

Joanna E. Scannell, Esq.,

Mary H. Schmidt, Esq., Verrill Dana LLP, Boston

William H. Schmidt, Esq., Squillace & Associates, PC, Boston

Amy Schnitzer, Esq., Bessemer Trust, Boston

David L. Silvian, Esq., Day Pitney LLP, Boston

Christopher H. Suh, Esq., The Wagner Law Group, A Professional Corporation, Boston

Kevin J. Willis, Esq., Lourie & Cutler, PC, Boston

Karen L. Witherell, Esq., Bove Langa Witherell & Soiffer, Boston

TOP

Drafting Wills and Trusts in Massachusetts

Draft masterful and precise wills and trusts

Drafting Wills and Trusts in Massachusetts

Draft masterful and precise wills and trusts

Choose Format:

Product Description

Recent updates:

Table of Contents

Estate Planning Checklists

Checklist 1

Checklist 2

Checklist 3

Checklist 4

Checklist 5

Drafting Under the Massachusetts Uniform Code

Publishing Cause

Funeral Arrangements and Organ Donations

Exhibit 3A

Gifts of Tangible Personal Property

Pecuniary Transfers

Transfers of Joint Property, Bank Accounts, Insurance, and Securities

Disposition of Closely Held Business Interests

Special Problems Related to Transfers

Real Estate

Exhibit 9A

Exhibit 9B

Exhibit 9C

Exhibit 9D

Exhibit 9E

Residuary Disposition

Abatement, Ademption, Lapse, Disinheritance, In Terrorem, and Disclaimer

Exhibit 11A

Exhibit 11B

Survivorship Clauses

Dispensing with the Appointment of a Guardian ad Litem

Provisions Regarding Payment of Estate Taxes

Personal Representatives

Provisions Regarding Guardians and Conservators for Minors

Powers of Personal Representatives

Will Provisions Pertaining to the Noncitizen Spouse

Will Provisions Pertaining to the Multinational Estate

Will Provisions Pertaining to Literature, Art, Music, and Computer Programs

Execution and Attestation

Codicils

Establishment of Trusts, Amendments, and Trust Property

Trust Payments During the Life of the Settlor

Making Retirement Benefits Payable to Trusts

Checklist 25.1

Marital Deduction Formulas

Generation-Skipping Tax Provisions

Forms of Marital and Family Trusts

Trusts for Children, Grandchildren, and Others

Withdrawal Rights Pertaining to Trusts

Trust Provisions for the Residence

Exhibit 31A

Trusts for Disabled Beneficiaries

Creating Powers of Appointment in Trusts

Definitions in Trusts

Discretionary Distributions of Principal in Trusts

Disclaimers in Trusts

Trust Termination

Exhibit 37A

The Spendthrift Clause in Trusts

Accounting Clauses in Trusts

Trust Clauses Regarding Copies

Trust Clauses Regarding Governing Law

Trust Clauses Regarding the Rule Against Perpetuities

Trust Clauses Regarding the Management of Business and Real Estate Interests

Trust Clauses Regarding Delegation of General Investment Responsibility

Trust Clauses Regarding Stock in S Corporations

Ultimate Disposition

Payment of Testamentary Devises, Debts, and Taxes

Original and Successor Trustees

Trustee Powers and Compensation

Incapacity Documents

Exhibit 50A

Exhibit 50B

Exhibit 50C

Estate Planning for the Divorcing Client

Estate Planning for LGBTQ+ Couples and Individuals