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

Initial Client Contact

Buy Chapter

J. Bradford Westgate, Esq., Winer and Bennett, LLP

Exhibit 1A

- Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards Buy Form

Exhibit 1B

- Seller’s Notifications to Buyer Buy Form

Exhibit 1C

- Disclosure Required Prior to Condominium Sale Buy Form

Exhibit 1D

- Notification of Contractor’s Right to Repair Construction Defects Pursuant to N.H. Rev. Stat. Ann. § 359-G:7 Buy Form

Chapter 2 expand

Purchase and Sale Agreement

Buy Chapter

John F. Bielagus, Esq., Law Offices of John F. Bielagus

Exhibit 2A

- Standard Form Purchase and Sales Agreement Buy Form

Exhibit 2B

- Option to Purchase Agreement Buy Form

Chapter 3 expand

Working with the Real Estate Agent

Buy Chapter

Kate C. Catalano, Esq., Catalano Law Offices PLLC

Exhibit 3A

- New Hampshire Real Estate Commission Brokerage Relationship Disclosure Form Buy Form

Exhibit 3B

- Buyer Information Sheet Buy Form

Exhibit 3C

- Seller Information Sheet Buy Form

Exhibit 3D

- Condominium Information Sheet Buy Form

Exhibit 3E

- Corporate Seller Information Sheet Buy Form

Exhibit 3F

- Recording Requirements for Hillsborough County Buy Form

Chapter 4 expand

Title Holder

Buy Chapter

Brian A. Feeney, Esq., First American Title Insurance Company
Valerie L. Riso, Esq., Accurate Title

Exhibit 4A

- Affidavit as to Homestead Estate/Interest Buy Form

Exhibit 4B

- Trustee Certificate Pursuant to N.H. Rev. Stat. Ann. § 564-A:7 Buy Form

Exhibit 4C

- Trustee Certificate Pursuant to N.H. Rev. Stat. Ann. § 564-B:10 Buy Form

Chapter 5 expand

Condominium Ownership

Buy Chapter

Jason A. Bielagus, Esq., Bielagus Law Offices PLLC
John F. Bielagus, Esq., Law Offices of John F. Bielagus

Exhibit 5A

- Warranty Condominium Deed Buy Form

Exhibit 5B

- Memorandum of Lien for Condominium Assessments Buy Form

Exhibit 5C

- Certificate of Registration Buy Form

Exhibit 5D

- Condominium Lien Collection Letter Buy Form

Exhibit 5E

- Sample Deed for Condominium Unit Buy Form

Exhibit 5F

- Sample Deed for Condominium Unit Buy Form

Exhibit 5G

- Sample Condominium Development Plan Buy Form

Exhibit 5H

- Sample Declaration and Bylaws Buy Form

Chapter 6 expand

Deeds

Buy Chapter

Sabrina C. Beavens, Esq., McLane Middleton
Jeff R. Crocker, Esq.,
Peter W. Leberman, Esq., Upton & Hatfield LLP

Exhibit 6A

- N.H. Rev. Stat. Ann. § 456-B:8 Statutory Short Form Certificates Buy Form

Exhibit 6B

- Form for Warranty Deed Buy Form

Exhibit 6C

- Form for Quitclaim Deed Buy Form

Exhibit 6D

- Form for Fiduciary Deed Buy Form

Exhibit 6E

- Form for Manufactured Housing Warranty Deed Buy Form

Exhibit 6F

- Form for Manufactured Housing Quitclaim Deed Buy Form

Exhibit 6G

- Title Standards 5-43, 5-44, 5-45, 5-46, and 5-47 Buy Form

Exhibit 6H

- Statutory Form Power of Attorney (N.H. Rev. Stat. Ann. § 564-E:301) Buy Form

Exhibit 6I

- Restrictive Covenants Example Buy Form

Chapter 7 expand

Title Examinations and Title Issues

Buy Chapter

Roberta A. Baker, Esq.,

Exhibit 7A

- Abstract Memo Buy Form

Exhibit 7B

- Title Summary Sheet Buy Form

Exhibit 7C

- Online Resources Guide for Title Examinations Buy Form

Exhibit 7D

- Legal Description and Sketch Buy Form

Exhibit 7E

- Chain of Title Buy Form

Exhibit 7F

- Trustee Certificate Pursuant to N.H. Rev. Stat. Ann. § 564-A Buy Form

Exhibit 7G

- Trustee Certificate Pursuant to N.H. Rev. Stat. Ann. § 564-B Buy Form

Exhibit 7H

- Joint Tenancy Affidavit Buy Form

Exhibit 7I

- Sample Acknowledgments Buy Form

Exhibit 7J

- Sample Construction Mortgage Affidavit Pursuant to N.H. Rev. Stat. Ann. § 447:12 Buy Form

Chapter 8 expand

Title Insurance

Buy Chapter

Jane M. O'Sullivan, Esq., Old Republic National Title Insurance Company

Exhibit 8A

- Sample Closing Protection Letter Buy Form

Exhibit 8B

- Insurance Department Bulletin: Closing Protection Letters Buy Form

Exhibit 8C

- ALTA Title Insurance Commitment Buy Form

Exhibit 8D

- Commitment for Title Insurance Buy Form

Exhibit 8E

- Homeowner’s Policy of Title Insurance for a One- to Four-Family Residence Buy Form

Exhibit 8F

- Expanded Coverage Residential Loan Policy—Current Assessments (for a One- to Four-Family Residence) Buy Form

Exhibit 8G

- Owner’s Policy of Title Insurance Buy Form

Exhibit 8H

- Loan Policy of Title Insurance Buy Form

Exhibit 8I

- 2006 ALTA Owner’s Policy Buy Form

Exhibit 8J

- 2006 ALTA Loan Policy Buy Form

Exhibit 8K

- Residential Mortgage Survey Affidavit Buy Form

Exhibit 8L

- ALTA Endorsement Listing Buy Form

Exhibit 8M

- ALTA 4-06 Endorsement—Condominium Buy Form

Exhibit 8N

- ALTA 4.1-06 Endorsement—Condominium Buy Form

Exhibit 8O

- ALTA 5-06 Endorsement—Planned Unit Development Buy Form

Exhibit 8P

- ALTA 5.1-06 Endorsement—Planned Unit Development Buy Form

Exhibit 8Q

- ALTA 6-06 Endorsement—Variable Rate Buy Form

Exhibit 8R

- ALTA 6.2-06 Endorsement—Variable Rate/Negative Amortization Buy Form

Exhibit 8S

- ALTA 7-06 Endorsement—Manufactured Housing Unit Buy Form

Exhibit 8T

- ALTA 7.1-06 Endorsement—Manufactured Housing Conversion: Loan Buy Form

Exhibit 8U

- ALTA 7.2-06 Endorsement—Manufactured Housing Conversion: Owners Buy Form

Exhibit 8V

- ALTA 9.1-06 Endorsement—Encroachment Restrictions Buy Form

Exhibit 8W

- ALTA 9-06 Restrictions, Encroachments and Minerals Endorsement Buy Form

Exhibit 8X

- Secondary Mortgage Market Endorsement Buy Form

Exhibit 8Y

- ALTA 34-06 Identified Risk Coverage Buy Form

Chapter 9 expand

Residential Mortgages

Buy Chapter

Nickolas S. Arnold, Esq.,
Tenley P. Callaghan, Esq., Cleveland, Waters & Bass, PA

Checklist 9.1

- Postclosing, Prerecording Checklist for a Mortgage Buy Form

Exhibit 9A

- Statutory Form Mortgage Buy Form

Exhibit 9B

- Disclosure of Nonrepresentation Buy Form

Exhibit 9C

- Uniform New Hampshire Mortgage Form 3030 Buy Form

Exhibit 9D

- Sample Compliance Agreement Buy Form

Exhibit 9E

- Trustee Certificate from N.H. Rev. Stat. Ann. 564-A:7 Buy Form

Exhibit 9F

- Short Form Acknowledgements from N.H. Rev. Stat. Ann. § 456-B Buy Form

Exhibit 9G

- Uniform New Hampshire Mortgage Form 3030 with MERS Language Buy Form

Exhibit 9H

- Biweekly Payment Rider Buy Form

Exhibit 9I

- VA Guaranteed Loan and Assumption Policy Rider Buy Form

Exhibit 9J

- Condominium Rider Buy Form

Exhibit 9K

- Adjustable Rate Rider Buy Form

Exhibit 9L

- One- to Four-Family Rider (Assignment of Rents) Buy Form

Exhibit 9M

- Balloon Rider (Conditional Right to Refinance) Buy Form

Exhibit 9N

- Inter Vivos Revocable Trust Rider Buy Form

Exhibit 9O

- Planned Unit Development Rider Buy Form

Exhibit 9P

- Second Home Rider Buy Form

Exhibit 9Q

- UCC Financing Statement Buy Form

Exhibit 9R

- Mortgage Discharge Buy Form

Exhibit 9S

- Partial Release of Mortgage Buy Form

Exhibit 9T

- Assignment of Mortgage Buy Form

Exhibit 9U

- Sample Subordination Agreement Buy Form

Chapter 10 expand

Liens, Leasehold Interests, and Easements

Buy Chapter

Jason A. Bielagus, Esq., Bielagus Law Offices PLLC

Exhibit 10A

- Real Estate Tax Lien Buy Form

Exhibit 10B

- Tax Lien Redemption Buy Form

Exhibit 10C

- Tax Deed Buy Form

Exhibit 10D

- Tax Deed Buy Form

Exhibit 10E

- State of New Hampshire Tax Lien Buy Form

Exhibit 10F

- Notice of Federal Tax Lien Buy Form

Exhibit 10G

- Notice of Lien upon Real Estate for Collection of Unpaid Water Charges Buy Form

Exhibit 10H

- Condominium Association Memorandum of Lien Buy Form

Exhibit 10I

- Sheriff’s Deed, Writ of Execution, and Notice of Sheriff’s Sale Buy Form

Exhibit 10J

- Attorney Affidavit Confirming Payment of Mortgage Buy Form

Exhibit 10K

- Demand for Rent Buy Form

Exhibit 10L

- Eviction Notice Buy Form

Exhibit 10M

- Landlord and Tenant Writ Buy Form

Exhibit 10N

- Affidavit of Ownership Buy Form

Exhibit 10O

- Affidavit as to Military Service Buy Form

Exhibit 10P

- Affidavit of Damages Buy Form

Exhibit 10Q

- Residential Lease Agreement Buy Form

Exhibit 10R

- Lease to Purchase Option Agreement Buy Form

Exhibit 10S

- Declaration of Covenants and Restrictions for a Subdivision Buy Form

Exhibit 10T

- Deed for a Lot in a Subdivision Buy Form

Chapter 11 expand

Closings

Buy Chapter

Jacqueline M. Hudkins, Esq., Hudkins Law PLLC
Martha L. Prizio, Esq., First American Title Isurance Company

Exhibit 11A

- Sample Introductory Letter 1 Buy Form

Exhibit 11AA

- Occupancy Affidavit Buy Form

Exhibit 11B

- Sample Introductory Letter 2 Buy Form

Exhibit 11BB

- Compliance Agreement Buy Form

Exhibit 11C

- Sample Introductory Letter 3 Buy Form

Exhibit 11CC

- Information for Real Estate 1099-S Report Filing Buy Form

Exhibit 11D

- Payoff Request Buy Form

Exhibit 11DD

- Attorney’s Certification of Title Buy Form

Exhibit 11E

- Request for Hazard Insurance Binder Buy Form

Exhibit 11EE

- Certification for No Information Reporting on the Sale or Exchange or a Principal Residence Buy Form

Exhibit 11F

- Title Commitment Buy Form

Exhibit 11FF

- Title Insurance Affidavit Buy Form

Exhibit 11G

- Sample Closing Protection Letter Buy Form

Exhibit 11GG

- Mechanic’s Lien Certificate Buy Form

Exhibit 11H

- Plot Plan Buy Form

Exhibit 11I

- Request for Certificate of Condominium Insurance Buy Form

Exhibit 11J

- Buyer/Borrower Closing Disclosure (Purchase) Buy Form

Exhibit 11K

- Buyer/Borrower Closing Disclosure (Refinance) Buy Form

Exhibit 11L

- Seller Closing Disclosure Statement Buy Form

Exhibit 11M

- ALTA Settlement Statement Buy Form

Exhibit 11N

- Sample Promissory Note Buy Form

Exhibit 11O

- Sample Mortgage Buy Form

Exhibit 11P

- Property Description, “Exhibit A” Buy Form

Exhibit 11Q

- Example Deed Buy Form

Exhibit 11R

- Right to Cancel Buy Form

Exhibit 11S

- Escrow Disclosure Buy Form

Exhibit 11T

- First Payment Letter Buy Form

Exhibit 11U

- Insurance Binder Buy Form

Exhibit 11V

- IRS Form W-9, Request for Taxpayer Identification Number and Certification Buy Form

Exhibit 11W

- IRS Form 4506-T, Request for Transcript of Tax Return Buy Form

Exhibit 11X

- Notice of Availability of Owner’s Title Insurance Buy Form

Exhibit 11Y

- Agreement Between Buyer and Seller Regarding Real Estate Taxes and Utilities Buy Form

Exhibit 11Z

- Name Affidavit Buy Form

Chapter 12 expand

Resale

Buy Chapter

Richard H. Hubbard, Esq.,

Exhibit 12A

- ALTA Closing Statement Buy Form

Chapter 13 expand

Foreclosure

Buy Chapter

Nicholas William Mason, Esq., Law Offices of John F. Bielagus

Checklist 13.1

- Residential Foreclosure Checklist Buy Form

Exhibit 13A

- Notice of Mortgagee’s Foreclosure Sale of Real Estate Buy Form

Exhibit 13B

- Memorandum of Sale Buy Form

Exhibit 13C

- Notice of Continuation of Mortgagee’s Foreclosure Sale of Real Estate Buy Form

Exhibit 13D

- Foreclosure Deed and Affidavit Buy Form

Editor(s)

Author(s)