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Massachusetts Guide to Evidence

Practice, procedure, and code provisions—made plain

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  • Product Number: 2090489EBK
  • Publication Date: 5/28/2025
  • Edition: 2025 Edition
  • Copyright: © 2025 SJC Advisory Committee on Massachusetts Evidence Law
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  • Product Description
  • Table of Contents
  • Product Description

    Product Description

    A Practical Guide to Probate in Maine offers practice tips and tracks the essential steps you must know in the areas of formal and informal probate, preprobate considerations, the avoidance of probate litigation, developments pertaining to the removal, death and resignation of fiduciaries, real property and the disposition of assets, planning for postmortem issues, testate and intestate distributions, accounts—and more.

    Recent updates:

    • Update: August 2023

      Dear Subscriber:

      Thank you for updating your library with the latest version of A Practical Guide to Probate in Maine . This newly revised publication brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions in this highly challenging area of practice.

      Highlights from the issues addressed in the 2023 edition include:

      • penalties imposed for violating the required minimum distribution (RMD) provisions for IRA accounts;
      • indexing of the homestead allowance and other family protections set forth in the Maine Uniform Probate Code (MUPC);
      • guidance on handling powers of attorney when moving to Maine or dealing with powers of attorney that are more than several years old;
      • a 2021 amendment clarifying that a delay in discharge from a hospital constitutes "substantial harm" for purposes of the statute's provisions on the appointment of an emergency guardian;
      • provisions regarding service on minors and incapacitated persons in informal probate proceedings;
      • updated federal estate tax exemption amounts, scheduled to sunset as of January 1, 2026 (absent further legisla-tive action), and updated state estate tax exclusion amounts;
      • procedures for notifying creditors and for disallowing claims against the estate;
      • resignation or removal of a personal representative;
      • the Maine Uniform Trust Decanting Act, which became effective on October 1, 2021, and the Maine Uniform Di-rected Trust Act, which became effective on January 1, 2020;
      • arrangements for handling client files, which may include an agreement to return the files or to store and dispose of them for a designated fee; and
      • guidance on using heir search services.

      We trust you will find this updated version of A Practical Guide to Probate in Maine an invaluable resource for your practice.

      Very truly yours,

      John M. Lawlor, Esq.

      MCLE Publications Attorney

  • Table of Contents

    Table of Contents

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    Article I expand

    General Provisions

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    Article II expand

    Judicial Notice

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    Article III expand

    Inferences, Prima Facie Evidence, and Presumptions

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    Article IV expand

    Relevancy and Its Limits

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    Article V expand

    Privileges and Disqualifications

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    Article VI expand

    Witnesses

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    Article VII expand

    Opinion and Expert Evidence

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    Article VIII expand

    Hearsay

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    Article IX expand

    Authentication and Identification

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    Article X expand

    Contents of Writings and Records

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    Article XI expand

    Miscellaneous Sections

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    Addendum expand

    Federal Rules of Evidence Comparison Chart

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