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

Introduction of Expert Testitmony

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Erin J. Meehan, Esq., Doherty, Wallace, Pillsbury & Murphy, PC
L. Jeffrey Meehan, Esq., Doherty, Wallace, Pillsbury & Murphy, PC

Chapter 2 expand

Selecting and Retaining Experts

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Kenneth C. Pickering, Esq., Pickering Legal LLC

Chapter 3 expand

Discovery Relating to Experts

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Laura R. Studen, Esq., Zucker Law Group LLP
Aaron S. Welo, Esq.,

Exhibit 3A

- Sample Interrogations Buy Form

Exhibit 3B

- Products Liability Deposition Outline Buy Form

Exhibit 3C

- Expert Deposition Outline Buy Form

Exhibit 3D

- Physician Expert Deposition Outline for Mental Capacity Buy Form

Chapter 4 expand

Using Experts for Negotiating Setttlements

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Edward C. Bassett, Jr., Esq., Mirick, O'Connell, DeMallie & Lougee LLP

Exhibit 4A

- Vocational Expert’s Report Buy Form

Exhibit 4B

- Economist's Report Buy Form

Exhibit 4C

- Accident Reconstruction Report Buy Form

Exhibit 4D

- Interstate Trucking Spoliation Letter Buy Form

Chapter 5 expand

Daubert/Lanigan Issues

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Nava A. Berger, Esq.,
Alexander Bevans, Esq.,
Michael B. Bogdanow, Esq., Meehan, Boyle, Black & Bogdanow, PC
Robert Foster, Esq., Meehan, Boyle, Black & Bogdanow, PC
Bryana T. McGillycuddy, Esq., Choate Hall & Stewart LLP

Chapter 6 expand

Examination of Experts

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Patrick T. Jones, Esq., Jones Kelleher LLP
Audrey Poore Joyce, Esq., Jones Kelleher LLP

Exhibit 6A

- Suggested Forms for Opinion Questions Buy Form

Chapter 7 expand

Accountants - Expert Witness

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Catherine Bednar, Esq., Freeman Mathis & Gary LLP
Ryan Giggi, Esq., Freeman Mathis & Gary LLP
Nancy M. Reimer, Esq., Freeman Mathis & Gary LLP

Exhibit 7A

- Outline of an Accounting Expert Witness Examination Buy Form

Chapter 8 expand

Business Valuations and Damages

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Danniel J. Baer, Floyd Advisory LLC
Joseph J. Floyd, Floyd Advisory
Paul W. Shaw, Esq., Verrill Dana LLP

Exhbiit 8B

- Sample Valuation Report Buy Form

Exhibit 8A

- Resources Buy Form

Exhibit 8C

- Outline of Direct Examination of Accountant Buy Form

Chapter 9 expand

Digital Discovery

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Ronaldo Rauseo-Ricupero, Esq., Nixon Peabody LLP

Chapter 10 expand

Construction and Engineering Experts

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Dayana Donisca, Esq.,
James B. Peloquin, Esq., Conn Kavanaugh Rosenthal Peisch & Ford LLP

Exhibit 10A

- Model Outline for Examination of Expert Witness in a Construction-Related Trial Buy Form

Chapter 11 expand

Criminalistics

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Adrienne C. Lynch, Esq., Middlesex Superior Court, Commonwealth of Massachusetts

Chapter 12 expand

DNA Evidence

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Stephanie Martin Glennon, Esq., Norfolk District Attorney's Office, Commonwealth of Massachusetts

Chapter 13 expand

Economics Experts

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Albert P. Zabin, Esq.,

Chapter 14 expand

Employment Lawsuits

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Amanda Marie Baer, Esq., Mirick, O'Connell, DeMallie & Lougee LLP

Exhibit 14A

- Resources for Locating Experts Buy Form

Exhibit 14B

- List of Some Experts by Specialty Area Buy Form

Chapter 15 expand

Environmental Experts

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Stephen J. Brake, Esq., Nutter McClennen & Fish LLP
Mary K. Ryan, Esq.,

Exhibit 15A

- Sample Expert Retention Letter Buy Form

Exhibit 15B

- Common Interest, Confidentiality, and Tolling Agreement Buy Form

Exhibit 15C

- Sample Public Records Requests Buy Form

Chapter 16 expand

Legal Malpractice

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Allen N. David, Esq., Peabody & Arnold LLP
Susan Margaret Silva, Esq., Peabody & Arnold LLP

Chapter 17 expand

Medical Experts

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Elizabeth N. Mulvey, Esq., Libby Hoopes Brooks & Mulvey, P.C.
Kevin C. Reidy, Esq., McCarthy Kenney & Reidy, PC

Exhibit 17A

- Useful Medical Websites Buy Form

Chapter 18 expand

Premises Liability

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Jeffrey A. Newman, Esq., Law Offices of Jeffrey A. Newman & Associates

Exhibit 18A

- Contact Information for Expert Witness Services Buy Form

Exhibit 18B

- Websites About Experts Buy Form

Exhibit 18C

- Websites About Security Experts Buy Form

Chapter 19 expand

Products Liability

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Jacob J. Lantry, Esq., Campbell Conroy & O'Neil, PC
Michelle I. Schaffer, Esq., Campbell Conroy & O'Neil, PC

Exhibit 19A

- Sample Expert Report for Federal Case Disclosure Buy Form

Exhibit 19B

- Defendants’ Expert Disclosure Buy Form

Exhibit 19C

- Defendant’s Motion in Limine to Preclude Expert Testimony and Supporting Memorandum of Law Buy Form

Exhibit 19D

- Memorandum of Decision and Order on Defendant’s Motion to Exclude Expert Testimony Buy Form

Exhibit 19E

- Defendants’ Motion in Limine to Exclude Expert Testimony and for Summary Judgment, and Memorandum of Law in Support Buy Form

Exhibit 19F

- Memorandum of Law and Order on Defendants’ Motion to Exclude Testimony and for Summary Judgment Buy Form

Chapter 20 expand

Psychological Experts

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Hon. Christine D. Anthony, Probate and Family Court, Commonwealth of Massachusetts
Hon. Connor M. Barusch, Boston Municipal Court, Commonwealth of Massachusetts
Michael P. Judge, Esq., Ligris & Associates

Exhibit 20A

- Order Appointing Guardian ad Litem Buy Form

Exhibit 20B

- Motion to Exclude Opinion Testimony Concerning Future Dangerousness Buy Form

Exhibit 20C

- Motion to Take Expert Witness on Voir Dire Examination Buy Form

Exhibit 20D

- Motion to Exclude Certain Opinion Testimony Buy Form

Chapter 21 expand

Securities Litigation

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Norman Berman, Esq., Berman Tabacco
Steven J. Buttacavoli, Esq., Berman Tabacco
John R. Snyder, Esq., Potomac Law Group PLLC

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