A Practical Guide to Estate Planning in Massachusetts

Planning strategies—backed by a knowledge of the law

Product Number: 1970299B00
Publication Date: 10/7/2022
Edition: 5th Edition 2022
Copyright: © 2022 MCLE, Inc.
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A Practical Guide to Estate Planning in Massachusetts

Planning strategies—backed by a knowledge of the law

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Print Book 546 pages in 1 volume (printed book) with downloadable forms Note: For print books, 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.

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Product Description
Product Description

A Practical Guide to Estate Planning in Massachusetts, is the definitive manual for estate planning and the leading publication in MCLE's estate planning and administration practice library. Addressing the most frequently encountered planning issues and providing practical answers, this comprehensive guide takes the practitioner from the initial steps in handling an estate planning matter through post-mortem estate planning opportunities and strategies. Authoritative and practical chapters, example scenarios, sample clauses and documents, and new topics make this book a truly indispensable "practical guide."

Recent updates:
- Update: October 2022
  Dear Subscriber:
  
  Thank you for choosing to keep current with this new edition of MCLE's A Practical Guide to Estate Planning in Massachusetts . Updates for 2022 include the following topics, which are just a sampling of the new content in this edition:
  - Digital assets and accounts; social media; cryptocurrency. See chapter 3 for a practice tip on how to help clients manage and secure digital data, as well as a note regarding the naming of legacy individuals to manage a deceased individual's social media postmortem.
  - Lifetime transfers. See chapter 5 for discussion of "nest-egg planning" techniques.
  - "Anti-anti-clawback" regulations. See chapter 5 for an interesting perspective on the IRS's April 2022 application of "anti-anti-clawback" requirements and a list of situations in which proposed REG-118913-21 will be applied.
  - Charitable remainder trusts. See chapter 6's new Exhibit 6A, which offers information on procedures surrounding IRS charitable remainder trusts.
  - Federal transfer tax law. Chapter 10 adds a new discussion of various recent proposals to eliminate or reduce the federal estate tax exemption sooner than 2026, in favor of a different tax system at death. The chapter also addresses Massachusetts' $1 million threshold amount.
  - Same-sex divorce in the estate planning context. Chapter 16 addresses certain inequities that persist in the United States even after marriage equality became law. See a new Practice Note, citing a pertinent revenue ruling.
  We at MCLE trust that you will find this new edition useful in your estate planning practice, and valuable in maintaining your law library assets.
  
  Cordially,
  
  Maryanne G. Jensen, Esq., MCLE Director of Publications
Table of Contents

Table of Contents
expand all

Chapter 1 expand

Practical Steps in Handling an Estate Planning Matter
Buy Chapter
Jennifer T. Fleming, Esq., Prince Lobel Tye LLP

Exhibit 1A
- Estate Planning Questionnaire Buy Form

Exhibit 1B
- Sample Correspondence Buy Form

Chapter 2 expand

Estate, Gift, and Generation-Skipping Transfer Taxes
Buy Chapter
Patricia M. Annino, Esq., Rimon, PC
Eric D. Karlberg, Esq., BNY Mellon Wealth Management
Christopher D. Perry, Esq., The Northern Trust Company
Michelle M. Porter, Esq., Goulston & Storrs, PC
Andrew D. Rothstein, Esq., Goulston & Storrs, PC
Helen H. Stewart, Esq.,

Chapter 3 expand

Fundamental Testamentary Planning
Buy Chapter
Thomas E. Bator, Esq., Pratt, Bator & Popov LLP
Tracy A. Craig, Esq., Seder & Chandler
William N. Friedler, Esq., Verrill Dana LLP
Janet Wilson Moore, Esq., Mirick, O'Connell, DeMallie & Lougee LLP
Evelyn V. Moreno, Esq., Nixon Peabody LLP
Lisa M. Neeley, Esq., Rubin and Rudman LLP
Jeffrey W. Roberts, Esq., Nutter McClennen & Fish LLP
Michael J. Simolo, Esq., Fierst Bloomberg Ohm LLP
Jon E. Steffensen, Esq., McLane Middleton

Exhibit 3A
- Pour-Over Will Provision: Pour-Over Residue to Own Trust Buy Form

Exhibit 3B
- Pour-Over Will Provision: Residue to Other Person’s Trust Buy Form

Exhibit 3C
- Marital Deduction/Generation-Skipping Trust Buy Form

Chapter 4 expand

Marital Deduction Planning and Drafting Techniques
Buy Chapter
Jon E. Steffensen, Esq., McLane Middleton

Exhibit 4A
- 26 U.S.C. § 2011 Credit for State Death Taxes Buy Form

Chapter 5 expand

Lifetime Asset Transfers
Buy Chapter
Tracy A. Craig, Esq., Seder & Chandler
Allen J. Falke, Esq., Mirick, O'Connell, DeMallie & Lougee LLP
Melissa Langa, Esq., Bove & Langa, PC
Molly R. Soiffer, Esq., Bove & Langa, PC

Exhibit 5A
- Section 2503(c) Trust Buy Form

Exhibit 5B
- Sample Crummey Trust Buy Form

Chapter 6 expand

Charitable Giving Outright and in Trust
Buy Chapter
Mark M. Christopher, Esq., Goulston & Storrs, PC

Exhibit 6A
- IRS Revenue Procedures Issuing Sample CRT Forms Buy Form

Chapter 7 expand

Life Insurance and Estate Planning
Buy Chapter
Robert L. Arone, Esq., Orsi Arone Rothenberg & Turner LLP
Richard P. Breed, III, Esq., Tarlow, Breed, Hart & Rodgers, PC
William D. Kirchick, Esq., Nutter McClennen & Fish LLP
Alan S. Novick, Esq., Novick Law Offices
Ralph J. Rotman, CLU, Northwestern Mutual Financial Network

Exhibit 7A
- Unilateral Buyout Agreement Buy Form

Exhibit 7B
- Split-Dollar Insurance Agreement Buy Form

Exhibit 7C
- Crummey Instructions and Notice Buy Form

Chapter 8 expand

Advance Medical Directives: Living Wills, Durable Powers of Attorney, and Health-Care Proxies
Buy Chapter
Sheryl J. Dennis, Esq., Fields and Dennis LLP
Vicki L. Shemin, Esq., Fields and Dennis LLP

Checklist 8.1
- Health Care Proxy Checklist Buy Form

Exhibit 8A
- Living Will Buy Form

Exhibit 8B
- Durable Power of Attorney Buy Form

Exhibit 8C
- Health Care Proxies Buy Form

Exhibit 8D
- Massachusetts Medical Orders for Life-Sustaining Treatment (MOLST) Buy Form

Chapter 9 expand

Estate Planning for Retirement Benefits
Buy Chapter
Robert G. Holdway, Esq.,

Exhibit 9A
- Uniform Lifetime Table Buy Form

Exhibit 9B
- Sample Basic Beneficiary Designation Buy Form

Exhibit 9C
- Single Life Table Buy Form

Exhibit 9D
- Distribution Period Buy Form

Chapter 10 expand

Basic Strategies to Preserve and Protect the Family Business
Buy Chapter
Luke C. Bean, Esq., Rico, Murphy, Diamond & Bean LLP
Lisa M. Rico, Esq., Rico, Murphy, Diamond & Bean LLP
Judith A. Saxe, Esq., CIBC Private Wealth Management

Chapter 11 expand

Medicaid and Creditor Protection Trusts
Buy Chapter
John J. Bowe, Jr., Esq., John J. Bowe, Attorney at Law, P.C.

Chapter 12 expand

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

Checklist 12.1
- Prenuptial Agreement Checklist Buy Form

Checklist 12.2
- Postnuptial Agreement Checklist Buy Form

Checklist 12.3
- Separation Agreement Checklist Buy Form

Chapter 13 expand

Estate Planning for Unmarried Couples
Buy Chapter
Donna M. Turley, Esq., Turley LLC

Chapter 14 expand

Planning for Incapacity
Buy Chapter
Susan K. McClements, Esq.,

Exhibit 14A
- Language Defining Incapacity Buy Form

Exhibit 14B
- Special Clauses for Durable Power of Attorney Buy Form

Exhibit 14C
- Escrow Agreement Buy Form

Exhibit 14D
- Durable General Power of Attorney Buy Form

Exhibit 14E
- Affidavit Regarding Power of Attorney (REBA Form 1) Buy Form

Exhibit 14F
- Sample Health-Care Proxy Buy Form

Exhibit 14G
- HIPAA Release Form Buy Form

Exhibit 14H
- Additional Resources Buy Form

Chapter 15 expand

Estate Planning for Same-Sex Couples: Selected Issues
Buy Chapter
Thanda Fields Brassard, Esq., Fiduciary Trust Company

Chapter 16 expand

Same-Sex Marriage, Divorce, and Estate Planning Issues
Buy Chapter
Lisa M. Cukier, Esq., Burns & Levinson LLP
Andrea Nelson, Esq., Burns & Levinson LLP

Checklist 16.1
- Adoption Checklist: Coparent Adoption (Where One or Both Parties Are Already Legal Parents to Child) Buy Form

Checklist 16.2
- Known Donor Checklist for Married Same-Sex Couples Buy Form

Checklist 16.3
- Adoption Checklist—Private Domestic or International Adoption Buy Form

Checklist 16.4
- Alternate Routes to Parentage Buy Form

Checklist 16.5
- Guardian ad Litem Initial Questions (When Ascertaining Whether to Propose or Agree to GAL) Buy Form

Exhibit 16A
- Joint Representation Consent Buy Form

Exhibit 16B
- Motion to Waive Six-Month Residency Requirement Buy Form

Exhibit 16C
- Motion to Waive Notice [to Be Filed Where Child Conceived Prior to Marriage or Nonmarital] Buy Form

Exhibit 16D
- Affidavit [to Be Filed Where Child Conceived During Marriage] Buy Form

Exhibit 16E
- Motion to Waive Home Study Buy Form

Exhibit 16F
- Affidavit of Parents Buy Form

Exhibit 16G
- Form R-891S: Certificate of Adoption Buy Form

Exhibit 16H
- Complaint to Establish Parentage and Support Memorandum Buy Form

Exhibit 16I
- Client Intake Checklist for Dissolutions/Divorce and Potential Issues Buy Form

Exhibit 16J
- Complaint in Equity for Dissolution of Civil Union Buy Form

Exhibit 16K
- Health-Care Proxy Buy Form

Exhibit 16L
- Authorization for Release of Protected Health Information Buy Form

Exhibit 16M
- Massachusetts Health-Care Proxy Information, Instructions, and Form Buy Form

Exhibit 16N
- DNR Order Verification Buy Form

Exhibit 16O
- Durable Power of Attorney Buy Form

Exhibit 16P
- Statement Concerning Durable Power of Attorney Buy Form

Exhibit 16Q
- Will Buy Form

Exhibit 16R
- Declaration as to Remains Buy Form

Exhibit 16S
- Voluntary Acknowledgment of Parentage Buy Form

Chapter 17 expand

Postmortem Estate Planning
Buy Chapter
Clifford R. Cohen, Esq., Burns & Levinson LLP
George L. Cushing, Esq., McLane Middleton
Eric P. Hayes, Esq., Goodwin Procter LLP
Colin M. Korzec, Esq., Bank of America, Private Bank
Karen L. Witherell, Esq., Bove & Langa, PC

Checklist 17.1
- Checklist for Disclaimers Buy Form

Exhibit 17A
- Disclaimer of Survivorship Interest in Joint Property and of Powers as Beneficiary and Trustee of Trust Buy Form

Exhibit 17B
- Disclaimer of an Interest in Real Estate Buy Form
Editors & Authors

Editor(s)

Jon E. Steffensen, Esq., McLane Middleton, Boston

Ethics Editor(s)

Charles E. Rounds, Jr., Esq., Suffolk University Law School, Boston

Author(s)

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

Robert L. Arone, Esq., Orsi Arone Rothenberg & Turner LLP, Needham Heights

Thomas E. Bator, Esq., Pratt, Bator & Popov LLP, Boston

Luke C. Bean, Esq., Rico, Murphy, Diamond & Bean LLP, Natick

John J. Bowe, Jr., Esq., John J. Bowe, Attorney at Law, P.C., Westwood

Thanda Fields Brassard, Esq., Fiduciary Trust Company, Boston

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

Mark M. Christopher, Esq., Goulston & Storrs, PC, Boston

Clifford R. Cohen, Esq., Burns & Levinson LLP, Boston

Tracy A. Craig, Esq., Seder & Chandler, Worcester

Lisa M. Cukier, Esq., Burns & Levinson LLP, Boston

George L. Cushing, Esq., McLane Middleton, Woburn

Sheryl J. Dennis, Esq., Fields and Dennis LLP, Wellesley Hills

Allen J. Falke, Esq., Mirick, O'Connell, DeMallie & Lougee LLP, Worcester

Jennifer T. Fleming, Esq., Prince Lobel Tye LLP, Boston

William N. Friedler, Esq., Verrill Dana LLP, Boston

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

Robert G. Holdway, Esq.,

Eric D. Karlberg, Esq., BNY Mellon Wealth Management, Boston

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

Colin M. Korzec, Esq., Bank of America, Private Bank, Boston

Melissa Langa, Esq., Bove & Langa, PC, Boston

Susan K. McClements, Esq., Lexington

Janet Wilson Moore, Esq., Mirick, O'Connell, DeMallie & Lougee LLP, Worcester

Evelyn V. Moreno, Esq., Nixon Peabody LLP, Boston

Lisa M. Neeley, Esq., Rubin and Rudman LLP, Boston

Andrea Nelson, Esq., Burns & Levinson LLP, Boston

Alan S. Novick, Esq., Novick Law Offices, Naples

Christopher D. Perry, Esq., The Northern Trust Company, Boston

Michelle M. Porter, Esq., Goulston & Storrs, PC, Boston

Lisa M. Rico, Esq., Rico, Murphy, Diamond & Bean LLP, Natick

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

Andrew D. Rothstein, Esq., Goulston & Storrs, PC, Boston

Ralph J. Rotman, CLU, Northwestern Mutual Financial Network, Boston

Judith A. Saxe, Esq., CIBC Private Wealth Management, Boston

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

Vicki L. Shemin, Esq., Fields and Dennis LLP, Wellesley Hills

Michael J. Simolo, Esq., Fierst Bloomberg Ohm LLP, Northampton

Molly R. Soiffer, Esq., Bove & Langa, PC, Boston

Jon E. Steffensen, Esq., McLane Middleton, Boston

Helen H. Stewart, Esq.,

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

Donna M. Turley, Esq., Turley LLC, Cambridge

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

TOP

A Practical Guide to Estate Planning in Massachusetts

Planning strategies—backed by a knowledge of the law

A Practical Guide to Estate Planning in Massachusetts

Planning strategies—backed by a knowledge of the law

Choose Format:

Product Description

Recent updates:

Table of Contents

Practical Steps in Handling an Estate Planning Matter

Exhibit 1A

Exhibit 1B

Estate, Gift, and Generation-Skipping Transfer Taxes

Fundamental Testamentary Planning

Exhibit 3A

Exhibit 3B

Exhibit 3C

Marital Deduction Planning and Drafting Techniques

Exhibit 4A

Lifetime Asset Transfers

Exhibit 5A

Exhibit 5B

Charitable Giving Outright and in Trust

Exhibit 6A

Life Insurance and Estate Planning

Exhibit 7A

Exhibit 7B

Exhibit 7C

Advance Medical Directives: Living Wills, Durable Powers of Attorney, and Health-Care Proxies

Checklist 8.1

Exhibit 8A

Exhibit 8B

Exhibit 8C

Exhibit 8D

Estate Planning for Retirement Benefits

Exhibit 9A

Exhibit 9B

Exhibit 9C

Exhibit 9D

Basic Strategies to Preserve and Protect the Family Business

Medicaid and Creditor Protection Trusts

Marital Agreements

Checklist 12.1

Checklist 12.2

Checklist 12.3

Estate Planning for Unmarried Couples

Planning for Incapacity

Exhibit 14A

Exhibit 14B

Exhibit 14C

Exhibit 14D

Exhibit 14E

Exhibit 14F

Exhibit 14G

Exhibit 14H

Estate Planning for Same-Sex Couples: Selected Issues

Same-Sex Marriage, Divorce, and Estate Planning Issues

Checklist 16.1

Checklist 16.2

Checklist 16.3

Checklist 16.4

Checklist 16.5

Exhibit 16A

Exhibit 16B

Exhibit 16C

Exhibit 16D

Exhibit 16E

Exhibit 16F

Exhibit 16G

Exhibit 16H

Exhibit 16I

Exhibit 16J

Exhibit 16K

Exhibit 16L

Exhibit 16M

Exhibit 16N

Exhibit 16O

Exhibit 16P

Exhibit 16Q

Exhibit 16R

Exhibit 16S