Product Description

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

Chapter 1 expand

Evaluating the Collection Claim

Buy Chapter

Exhibit 1A

- Complaint to Reach and Apply Buy Form

Exhibit 1B

- Forms for Lis Pendens Buy Form

Chapter 2 expand

Preparing and Filing the Collection Action and Motions for Pretrial Attachments

Buy Chapter

Dana E. Casher, Esq., Casher Law Offices

Checklist 2.1

- Creditor’s Checklist of Advantages and Disadvantages of the Small Claims Procedure Buy Form

Checklist 2.2

- Collections Actions: Checklist of Jurisdictional Requirements Under the Long-Arm Statute Buy Form

Checklist 2.3

- Checklist of Properties Exempt from Trustee Process Attachment Buy Form

Exhibit 2A

- Statement of Small Claim and Notice of Trial with Instructions Buy Form

Exhibit 2B

- Motion for Special Attachment Buy Form

Exhibit 2C

- Complaint for Goods Sold and Delivered Buy Form

Exhibit 2D

- Verified Complaint to Reach and Apply for Goods Sold and Delivered with Trustee Attachment Buy Form

Exhibit 2E

- Complaint for Services Rendered Buy Form

Exhibit 2F

- Complaint on a Promissory Note Buy Form

Exhibit 2G

- Motion for Allowance of Real Estate Attachment Buy Form

Exhibit 2H

- Affidavit in Support of Motion for Approval of Real Estate Attachment Buy Form

Exhibit 2I

- Ex Parte Motion for Approval of Attachment by Trustee Process Buy Form

Exhibit 2J

- Affidavit in Support of Ex Parte Motion for Approval of Attachment by Trustee Process Buy Form

Exhibit 2K

- Motion for Approval of Attachment by Trustee Process (Bank Account) Buy Form

Exhibit 2L

- Affidavit in Support of Motion for Approval of Attachment by Trustee Process Buy Form

Exhibit 2M

- Complaint–Suit on a Judgment Buy Form

Exhibit 2N

- Writ of Attachment Buy Form

Exhibit 2O

- Motion for Allowance of Keeper Attachment; Affidavit in Support of Motion for Allowance of Keeper Attachment Buy Form

Exhibit 2P

- Summons to Trustee Buy Form

Exhibit 2Q

- Trustee’s Answer Buy Form

Exhibit 2R

- Discharge of Trustee Buy Form

Exhibit 2S

- Motion to Charge Trustee Buy Form

Exhibit 2T

- Letter of Instruction to Trustee Buy Form

Exhibit 2U

- Debtor’s Motion to Dissolve Ex Parte Trustee Process Buy Form

Exhibit 2V

- Sample Motion for Alternative Service Buy Form

Exhibit 2W

- Sample Motion for Entry of Default Buy Form

Chapter 3 expand

Reducing the Case to Judgment and Obtaining Execution

Buy Chapter

Dana E. Casher, Esq., Casher Law Offices

Exhibit 3A

- Request for Default/Default Judgment Buy Form

Exhibit 3B

- Military Affidavit Buy Form

Exhibit 3C

- Memo of Damages Buy Form

Exhibit 3D

- Defendant’s Final Request for Answers to Interrogatories Buy Form

Exhibit 3E

- Application for Final Judgment; Affidavit in Support of Application Buy Form

Exhibit 3F

- Motion for Summary Judgment in District Court; Affidavit in Support of Motion for Summary Judgment Buy Form

Exhibit 3G

- Superior Court Summary Judgment Packet Buy Form

Exhibit 3H

- Agreement for Judgment Buy Form

Exhibit 3I

- Settlement Agreement and Mutual Release Buy Form

Exhibit 3J

- Judgment Buy Form

Exhibit 3K

- Writ of Execution Buy Form

Exhibit 3L

- Motion to Allow Copy of Note Buy Form

Exhibit 3M

- Motion for Appointment as Process Server Buy Form

Chapter 4 expand

Levying on the Execution to Satisfy the Judgment

Buy Chapter

Dana E. Casher, Esq., Casher Law Offices

Exhibit 4A

- Rule 69 Discovery Buy Form

Exhibit 4B

- Sample Subpoena Duces Tecum Buy Form

Exhibit 4C

- Levy on Real Estate Buy Form

Chapter 5 expand

Satisfying a Judgment by Postjudgment Attachment

Buy Chapter

Dana E. Casher, Esq., Casher Law Offices

Exhibit 5A

- Postjudgment Ex Parte Motion for Trustee Process Attachment Pursuant to Rules 4.2 and 69 Buy Form

Exhibit 5B

- Motion for Approval of Trustee Process to Attach Wages Buy Form

Exhibit 5C

- Complaint on a Judgment Buy Form

Exhibit 5D

- Trustee Execution Buy Form

Chapter 6 expand

Satisfying a Judgment by Supplementary Process

Buy Chapter

Dana E. Casher, Esq., Casher Law Offices

Exhibit 6A

- Summons to Judgment Debtor Buy Form

Exhibit 6B

- Debtor’s Examination Questionnaire Buy Form

Exhibit 6C

- Financial Statement of Judgment Debtor Buy Form

Exhibit 6D

- Capias Buy Form

Exhibit 6E

- Motion to Issue New Capias Buy Form

Exhibit 6F

- Petition for Notice to Show Cause Buy Form

Exhibit 6G

- Notice to Show Cause—Small Claims Session Buy Form

Chapter 7 expand

Using Receiverships as a Collection Tool

Buy Chapter

Dana E. Casher, Esq., Casher Law Offices

Exhibit 7A

- Receivership Complaint Buy Form

Exhibit 7B

- Summons and Order of Notice for Appointment of Receiver Buy Form

Exhibit 7C

- Order Appointing Receiver Buy Form

Exhibit 7D

- Notices of Appointment of Receiver Buy Form

Exhibit 7E

- Receiver’s Motion for Order of Notice for Filing Proofs of Claim Buy Form

Exhibit 7F

- Receiver’s Complaint for Contempt Buy Form

Chapter 8 expand

Collecting Judgments in Special Situations

Buy Chapter

Dana E. Casher, Esq., Casher Law Offices

Chapter 9 expand

Closing the Case Against the Debtor

Buy Chapter

Dana E. Casher, Esq., Casher Law Offices

Exhibit 9A

- Release Buy Form

Chapter 10 expand

Contempt and Sanctions

Buy Chapter

Dana E. Casher, Esq., Casher Law Offices

Exhibit 10A

- Complaint for Contempt Buy Form

Exhibit 10B

- Motion for Sanctions Buy Form

Chapter 11 expand

Remote Practice

Buy Chapter

Dana E. Casher, Esq., Casher Law Offices

Exhibit 11A

- Supreme Judicial Court Order on Electronic Service Buy Form

Exhibit 11B

- Notice of Acceptance of Electronic Service Buy Form

Exhibit 11C

- Notice of Taking Electronic Deposition Buy Form

Appendix

Collection Resources

Buy Chapter

Author(s)