Family Law Advocacy for Low and Moderate Income Litigants

Sound estate planning guidance

Product Number: 2183283WCH
Publication Date: 3/26/2018
Edition: 3rd Edition 2018
Copyright: © 2018 MCLE, Inc.
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Family Law Advocacy for Low and Moderate Income Litigants

Sound estate planning guidance

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Product Description
Product Description

The forty-four chapters of this comprehensive manual are organized into five parts, addressing planning for incapacity, public benefits and employment, special issues for disabled children and adults, aging in place, and care in a skilled nursing facility. Hundreds of insights, from Massachusetts' most experienced practitioners, bring clarity to complex procedures and guide readers through the topics that are pertinent to elders and persons with disabilities—both adults and children. The book expands and updates the MCLE classic, Estate Planning for the Aging and Incapacitated Client in Massachusetts , while adding new chapters on subjects such as undue influence, special needs trusts, and ethics. A series of MassHealth chapters addresses information on protecting the family home and community spouse, transferring resources, reducing excess assets, and creating trusts. The book tackles tax and insurance issues, housing choices, the financing of services, both private and public, the intricacies of long-term care, and the myriad concerns surrounding the needs of persons with disabilities, to name just a few of the topics. Forty-seven experts wrote the book, and a cadre of nine MassNAELA members joined chief editor Brian E. Barreira to ensure currency, relevance, and highly practical value.

Recent updates:
- Update: September 2023
  Dear Subscriber,
  
  This first edition of Elder and Disability Law in Massachusetts continues the tradition of Estate Planning for the Aging and Incapacitated Client in Massachusetts . This book updates and expands on topics covered in its predecessor publication, while adding new chapters of particular interest to estate planning for both elders and persons with disabilities. Inside, you will find coverage of thousands of practical tips and insightful analyses on case decisions, statutes, regulations, and other authoritative sources pertinent to elder and disability planning, including current material on the following subjects:
  - Undue influence. Chapter 5 addresses the lawyer's duties in representing a client who is experiencing improper or undue influence that puts them at risk, whether the means be physical force, duress, threats, or other forces. Practical insights are offered on how to prevent, ameliorate, or litigate undue influence.
  - Ethics issues in representing elders. See chapter 6 for caveats related to stereotyping elderly clients, navigating the family relationship, and handling joint representation. Discussion includes diminished capacity and the attorney's duties of loyalty and confidentiality, the retention and discharge of counsel, proceedings against nonclients, and aspects of the power of attorney role.
  - Special needs trusts and ABLE accounts. Chapter 39 begins with a review of self-settled trusts generally, then goes on to describe the elements of self-settled and third-party special needs trusts. It discusses trust protector provisions and concludes with a discussion of VA benefits and ABLE Accounts.
  - Trusts in the MassHealth context. Chapter 38 addresses the role of trusts in estate planning where an objective is to preserve eligibility for MassHealth benefits. Background is provided on OBRA '93 legislation and how Massachusetts has interpreted the law. Particulars of trusts established for disabled individuals and those established with transferred assets are discussed.
  - Tax considerations regarding trusts. Among the topics covered in chapter 40 are income tax planning for Medicaid trusts and estate and gift tax planning for such trusts, taxation of testamentary trusts, taxation of trusts established by the beneficiaries of gifts, and the treatment of pretax retirement accounts.
  - Property tax relief. Chapter 38 addresses real estate tax exemptions, abatements, and deferrals for older persons, their spouses, minor children, veterans, blind persons, and those experiencing hardship.
  - Resource planning for MassHealth coverage. This expansive topic is addressed in detail in chapter 34 (Protecting the Community Spouse), chapter 35 (Reducing Excess Assets), chapter 36 (Transfers of Resources), and chapter 37 (Protecting the Home).
  We at MCLE trust that you will find this new edition useful in your estate planning practice and valuable in keeping your law library current.
  
  Cordially,
  
  MCLE Press
Table of Contents

Table of Contents
expand all

Chapter 1 expand

Using This Manual
Buy Chapter
Jacquelynne J. Bowman, Esq., Greater Boston Legal Services

Exhibit 1A
- Overview of Massachusetts State Court System Buy Form

Chapter 2 expand

Overview Of The Probate And Family Court
Buy Chapter
Cheryl L. Garrity, Esq., Law Office of Cheryl Garrity

Exhibit 2A
- Affidavit of Indigency and Request for Waiver, Substitution, or State Payment of Fees and Costs Buy Form

Exhibit 2B
- Supplement to Affidavit of Indigency Buy Form

Exhibit 2C
- Request for Counsel Buy Form

Exhibit 2D
- Answer to Complaint for Divorce Buy Form

Exhibit 2E
- Counterclaim for Divorce Action Buy Form

Exhibit 2F
- Request for Financial Statement Buy Form

Exhibit 2G
- Plaintiff’s Motion for Temporary Orders Buy Form

Exhibit 2H
- Proposed Temporary Orders Buy Form

Exhibit 2I
- Affidavit in Support of Motion for Temporary Orders Buy Form

Exhibit 2J
- Pretrial Notice and Order Buy Form

Exhibit 2K
- Plaintiff’s Pretrial Memorandum Buy Form

Exhibit 2L
- Interrogatories Propounded by the Defendant to Be Answered by the Plaintiff Buy Form

Exhibit 2M
- Request for Production of Documents Buy Form

Exhibit 2N
- Subpoena to Obtain Documents for Court Buy Form

Exhibit 2O
- Motion to Strike Portions of the Guardian ad Litem’s Report Buy Form

Chapter 3 expand

Safety And Protection Issues
Buy Chapter
Susan R. Elsen, Esq., MLRI
Mithra D. Merryman, Esq., Greater Boston Legal Services

Exhibit 3A
- Complaint for Protection from Abuse (G.L. c. 209A) Buy Form

Exhibit 3B
- Abuse Prevention Order (G.L. c. 209A) Buy Form

Exhibit 3C
- Sample Motion to Impound Address Buy Form

Exhibit 3D
- Personalized Safety Plan Buy Form

Chapter 4 expand

Separate Support
Buy Chapter
Kimberly A. Yox, Esq., Justice Center of Southeast Massachusetts LLC

Exhibit 4A
- Complaint for Separate Support Buy Form

Exhibit 4B
- Motion for Separate Support Buy Form

Exhibit 4C
- Financial Statement (Short Form) Buy Form

Exhibit 4D
- Domestic Relation Summons Buy Form

Exhibit 4E
- Domestic Relations Protective Order Buy Form

Exhibit 4F
- Order to Vacate Marital Home Buy Form

Chapter 5 expand

Divorce
Buy Chapter
Ruthanne Withers, Esq., South Coastal Counties Legal Service/Fall River

Checklist 5.1
- Divorce Checklist Buy Form

Exhibit 5A
- Joint Petition for Divorce Buy Form

Exhibit 5B
- Affidavit in Support of Complaint for Divorce: Irretrievable Breakdown of the Marriage, G.L. c. 208, § 1A Buy Form

Exhibit 5C
- Answer to Complaint for Divorce Buy Form

Exhibit 5D
- Counterclaim for Divorce Action Buy Form

Exhibit 5E
- Separation Agreement Buy Form

Exhibit 5F
- Report of Absolute Divorce or Annulment Buy Form

Exhibit 5G
- Military Affidavit Buy Form

Exhibit 5H
- Affidavit Disclosing Care or Custody Proceeding Buy Form

Exhibit 5I
- Parent Education Programs Buy Form

Exhibit 5J
- Plaintiff’s Pretrial Memorandum Buy Form

Exhibit 5K
- Motion for State Payment of Fees and Costs Buy Form

Exhibit 5L
- Financial Statement (Short Form) Buy Form

Exhibit 5M
- Financial Statement (Long Form) Buy Form

Exhibit 5N
- Qualified Domestic Relations Order Buy Form

Exhibit 5O
- Blank Motion Form Buy Form

Exhibit 5P
- Court Order for Costs and Fees (G.L. c. 261, § 27A et seq.) Buy Form

Chapter 6 expand

Alimony, Pensions, And Other Relief
Buy Chapter
Laura M. Unflat, Esq., Unflat Law & Mediation LLC

Chapter 7 expand

Paternity Issues
Buy Chapter
Pauline Quirion, Esq., Greater Boston Legal Services

Checklist 7.1
- Checklist for a Party Filing a Complaint Buy Form

Checklist 7.2
- Paternity Checklist for a Party Served with a Complaint Buy Form

Exhibit 7A
- Complaint to Rescind Paternity Acknowledgment Buy Form

Exhibit 7B
- Complaint to Establish Paternity Buy Form

Exhibit 7C
- Complaint for Custody, Support, and Parenting Time Buy Form

Exhibit 7D
- Public Assistance Affidavit Buy Form

Exhibit 7E
- Answer Admitting Paternity Buy Form

Exhibit 7F
- Answer Denying Paternity Buy Form

Exhibit 7G
- Motion for Custody and Child Support Buy Form

Exhibit 7H
- Motion for Parenting Time Buy Form

Exhibit 7I
- Motion for Genetic Marker Testing Buy Form

Exhibit 7J
- Proposed Temporary Order Buy Form

Exhibit 7K
- Motion to Rescind the Paternity Acknowledgement and Request Genetic Marker Testing Buy Form

Exhibit 7L
- Affidavits in Support of Motion for Genetic Marker Testing Buy Form

Exhibit 7M
- Request for a Case Management Conference Buy Form

Exhibit 7N
- Settlement Conference Memorandum Buy Form

Exhibit 7O
- Joint Agreement to Participate in the Early Case Settlement Process Buy Form

Exhibit 7P
- Voluntary Request for Settlement Conference Buy Form

Exhibit 7Q
- Stipulation for Voluntary Acknowledgement of Parentage Buy Form

Exhibit 7R
- Affidavit of Nonpaternity Buy Form

Exhibit 7S
- Motion for Release of Birth Certificate Buy Form

Chapter 8 expand

Child Support
Buy Chapter
Christina Paradiso, Esq., Community Legal Aid

Exhibit 8A
- Complaint for Child Support Buy Form

Exhibit 8B
- Sample Child Support Guidelines Worksheet Buy Form

Exhibit 8C
- Findings and Determinations for Child Support and Postsecondary Education Buy Form

Exhibit 8D
- Complaint for Contempt Buy Form

Exhibit 8E
- Complaint for Modification Buy Form

Exhibit 8F
- Motion to Reduce Child Support Buy Form

Exhibit 8G
- Proposed Temporary Order Buy Form

Chapter 9 expand

Child Custody
Buy Chapter
Stephanie E. Goldenhersh, Esq., Harvard Legal Aid Bureau
Jamie A. Sabino, Esq., MLRI

Checklist 9.1
- Child Custody Buy Form

Exhibit 9A
- Complaint for Contempt Buy Form

Exhibit 9B
- Petition for Writ of Habeas Corpus Buy Form

Exhibit 9C
- Emergency Ex-Parte Motion to Produce Minor Child Buy Form

Exhibit 9D
- Supplemental Order—Parenting Time Issues Buy Form

Chapter 10 expand

Guardian Ad Litem
Buy Chapter
Courtney Marie Hostetler, Esq.,
Jamie A. Sabino, Esq., MLRI

Exhibit 10A
- Standards for “Category F” Guardian ad Litem / Investigators Buy Form

Exhibit 10B
- Standards for “Category E” Guardian ad Litem / Evaluators Buy Form

Exhibit 10C
- Motion to Appoint Guardian ad Litem Under G.L. c. 215, § 56A Buy Form

Chapter 11 expand

Immigration Issues
Buy Chapter
Mithra D. Merryman, Esq., Greater Boston Legal Services
Jennifer E. Ollington, Esq., MetroWest Legal Services

Chapter 12 expand

Leaving Massachusetts
Buy Chapter
Patricia A. Levesh, Esq.,

Checklist 12.1
- Issues to Consider When Thinking About Leaving Massachusetts with Minor Children Buy Form

Exhibit 12A
- Sample Consent to Remove the Minor Children to Another State Buy Form

Exhibit 12B
- Sample Complaint for Authorization to Remove Minor Child from the Commonwealth Under G.L. c. 208, § 30 Buy Form

Exhibit 12C
- Sample Affidavit in Support of Plaintiff’s Removal Request Buy Form

Chapter 13 expand

Guardianship Of Minor Children
Buy Chapter
Laura Williams Gal, Esq., Greater Boston Legal Services

Checklist 13.1
- For a Party Filing for Guardianship Buy Form

Checklist 13.2
- For a Parent Responding to a Petition for Guardianship of a Minor Buy Form

Checklist 13.3
- For a Parent Filing a Petition for Removal of Guardian of a Minor Buy Form

Checklist 13.4
- For a Guardian Responding to a Petition for Removal of a Guardianship of a Minor Buy Form

Exhibit 13A
- Petition for Appointment of Guardian of Minor (Form MPC 140) Buy Form

Exhibit 13B
- Affidavit Disclosing Care or Custody Proceeding (Form OCAJ-1 TRC IV) Buy Form

Exhibit 13C
- Bond (Form MPC 801) Buy Form

Exhibit 13D
- Notarized Waiver and Consent to Petition for Guardianship of Minor (Form MPC 440) Buy Form

Exhibit 13E
- Military Affidavit Buy Form

Exhibit 13F
- Affidavit of Indigency Buy Form

Exhibit 13G
- Notarized and Verified Consent or Nomination by Minor (Form MPC 441) Buy Form

Exhibit 13H
- Request for Counsel (Form MPC 301) Buy Form

Exhibit 13I
- Verified Motion for Appointment of Temporary Guardian for a Minor (Form MPC 340) Buy Form

Exhibit 13J
- Order Appointing Temporary Guardian of a Minor (Form MPC 742) Buy Form

Exhibit 13K
- Notice of Right to Counsel (Form MPC 592) Buy Form

Exhibit 13L
- Application for Appointment of Counsel (Form MPC 263) Buy Form

Exhibit 13M
- Notice of Appearance and Objection (Form MPC 505a) Buy Form

Exhibit 13N
- Massachusetts Probation Service Consent Form Buy Form

Exhibit 13O
- Decree and Order of Appointment of Guardian of a Minor (Form MPC 740) Buy Form

Exhibit 13P
- Annual Report of Guardian of Minor (Form MPC 443) Buy Form

Exhibit 13Q
- Complaint for Modification (Form CJ-D104) Buy Form

Exhibit 13R
- Petition for Removal of Guardian of Minor Pursuant to G.L. c. 190B, § 5-212 (Form MPC 240) Buy Form

Exhibit 13S
- Decree and Order of Termination of Guardianship of Ward/Minor (Form MPC 743) Buy Form

Exhibit 13T
- Interested Parties Checklist for Guardianship of Minor Proceedings: Standing Order 4-09 Buy Form

Chapter 14 expand

Adoptions
Buy Chapter
Joyce Kauffman, Esq., Kauffman Law & Mediation

Exhibit 14A
- Surrender Form Buy Form

Exhibit 14B
- Motion to Waive Home Study and Affidavit (Opposite-Sex Couples) Buy Form

Exhibit 14C
- Motion to Waive Home Study and Affidavit (Same-Sex Couples) Buy Form

Exhibit 14D
- Petition to Dispense with Parental Consent Buy Form

Exhibit 14E
- Citation and Return of Service Buy Form

Exhibit 14F
- Motion to Waive Notice and Affidavit (Married Same-Sex Couples) Buy Form

Exhibit 14G
- Petition for Adoption Buy Form

Exhibit 14H
- Affidavit of Petitioner for Adoption Buy Form

Exhibit 14I
- Affidavit Disclosing Care or Custody Proceedings Buy Form

Exhibit 14J
- Request for Record Information (CARI Search) Buy Form

Exhibit 14K
- Central Register Search Buy Form

Exhibit 14L
- Motion to Waive Six-Month Residency Requirement (Same-Sex Couples) Buy Form

Exhibit 14M
- Motion to Waive Notice and Affidavit (Married Same-Sex Couples) Buy Form

Exhibit 14N
- Request for Administrative Allowance and Affidavit Buy Form

Chapter 15 expand

Change Of Name
Buy Chapter
Abbe L. Hershberg, Esq., Greater Boston Legal Services

Exhibit 15A
- Change of Name Petition Buy Form

Chapter 16 expand

Modifications
Buy Chapter
Patricia A. Levesh, Esq.,

Checklist 16.1
- Summary Judgment Buy Form

Exhibit 16A
- Complaint for Modification Buy Form

Exhibit 16B
- Joint Petition for Modification of Child Support Judgment Buy Form

Chapter 17 expand

Contempt
Buy Chapter
Henriette B. Perkins, Esq., Judicial Institute, Commonwealth of Massachusetts

Checklist 17.1
- For a Party Filing a Complaint Buy Form

Checklist 17.2
- For a Party Served with a Complaint Buy Form

Exhibit 17A
- Complaint for Contempt Buy Form

Exhibit 17B
- Contempt Summons Buy Form

Exhibit 17C
- Answer to Complaint for Contempt Buy Form

Chapter 18 expand

Appellate Issues
Buy Chapter
Patricia A. Levesh, Esq.,

Exhibit 18A
- Sample Notice of Appeal Buy Form

Chapter 19 expand

Dispute Resolution Options
Buy Chapter
Justin L. Kelsey, Esq., Skylark Law & Mediation, PC

Exhibit 19A
- Mediation Confidentiality Statute Buy Form

Exhibit 19B
- List of Local Dispute Resolution Coordinators—Current List Buy Form

Exhibit 19C
- Sample Agreement to Mediate Buy Form

Exhibit 19D
- Joint Problem Solving Buy Form

Chapter 20 expand

Resources For Family Law Advocates
Buy Chapter
Stephen A. Russo, Esq., Volunteer Lawyers Project of the Boston Bar Association (VLP)

Appendix

Appendix
Buy Chapter
Editors & Authors

Editor(s)

Jacquelynne J. Bowman, Esq., Greater Boston Legal Services, Boston

Patricia A. Levesh, Esq.,

TOP

Family Law Advocacy for Low and Moderate Income Litigants

Sound estate planning guidance

Family Law Advocacy for Low and Moderate Income Litigants

Sound estate planning guidance

Your Selection:

Product Description

Recent updates:

Table of Contents

Using This Manual

Exhibit 1A

Overview Of The Probate And Family Court

Exhibit 2A

Exhibit 2B

Exhibit 2C

Exhibit 2D

Exhibit 2E

Exhibit 2F

Exhibit 2G

Exhibit 2H

Exhibit 2I

Exhibit 2J

Exhibit 2K

Exhibit 2L

Exhibit 2M

Exhibit 2N

Exhibit 2O

Safety And Protection Issues

Exhibit 3A

Exhibit 3B

Exhibit 3C

Exhibit 3D

Separate Support

Exhibit 4A

Exhibit 4B

Exhibit 4C

Exhibit 4D

Exhibit 4E

Exhibit 4F

Divorce

Checklist 5.1

Exhibit 5A

Exhibit 5B

Exhibit 5C

Exhibit 5D

Exhibit 5E

Exhibit 5F

Exhibit 5G

Exhibit 5H

Exhibit 5I

Exhibit 5J

Exhibit 5K

Exhibit 5L

Exhibit 5M

Exhibit 5N

Exhibit 5O

Exhibit 5P

Alimony, Pensions, And Other Relief

Paternity Issues

Checklist 7.1

Checklist 7.2

Exhibit 7A

Exhibit 7B

Exhibit 7C

Exhibit 7D

Exhibit 7E

Exhibit 7F

Exhibit 7G

Exhibit 7H

Exhibit 7I

Exhibit 7J

Exhibit 7K

Exhibit 7L

Exhibit 7M

Exhibit 7N

Exhibit 7O

Exhibit 7P

Exhibit 7Q

Exhibit 7R

Exhibit 7S

Child Support