Product Description

Recent updates:

• Update: July 2025

  Dear Subscriber:

  Thank you for choosing to keep current with this 2025 edition of Massachusetts Probate Manual. In this edition, find hundreds of updates on topics such as the following:

  • Transferring property owned by the decedent; how to determine process. See chapter 2 for a step-by-step list of action items useful when selecting the method by which to transfer property.

  • Time limit for filing. See chapter 4 for the five exceptions to the general three-year time limit in which to commence a formal probate or appointment proceeding.

  • Contesting the suitability of a nomination of a fiduciary. Chapter 5 cites a decision regarding standing needed to contest a nomination.

  • Claims against the estate. Chapter 7 discusses a case holding that Section 3-108 does not apply retroactively to bar claims brought by MassHealth against estates of decedents dying prior to the enactment of the Massachusetts Uniform Probate Code.

  • Cryptocurrency. See chapter 9 for a practice note regarding the personal representative's responsibilities surrounding access to private keys to digital currencies without a physical form.

  • Fiduciary's contractual obligation. Chapter 11 discusses the consequence of a failure on the parts of buyer and seller to agree to material terms of a purchase and sale agreement. A recent case is cited.

  • Exculpatory provisions in trust. See chapter 16 for discussion of an exculpation clause giving trustees the power to invest income and principal "without being subject to legal limitations on investments by fiduciaries" and how this clause is to be understood in light of the prudent investor rule.

  We at MCLE trust that you will find this new material useful in your probate practice and valuable in keeping your law library current.

  Cordially,

  MCLE Press

Table of Contents

Chapter 01 expand

Basic Elements of the Insurance Contract

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James P. Hoban, Esq., Mirick, O'Connell, DeMallie & Lougee LLP

Chapter 02 expand

Automobile Insurance

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Kathryn Anbinder Covarrubias, Esq., Law Offices of Roberta Fitzpatrick

Chapter 03 expand

Homeowner’s Liability Insurance

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Carol A. Griffin, Esq.,

Exhibit 3A

- Sample Reservation of Rights Letter Buy Form

Exhibit 3B

- Sample Nonwaiver Agreement Buy Form

Chapter 04 expand

Commercial General Liability Policies

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Rachel J. Eisenhaure, Esq.,

Chapter 05 expand

Professional Liability Insurance Issues

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Daniel Conte, Esq., Hinshaw & Culbertson LLP
David A. Grossbaum, Esq., Hinshaw & Culbertson LLP

Chapter 06 expand

Reinsurance

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John T. Harding, Jr., Esq., McAngus Goudelock & Courie LLC

Exhibit 6A

- Glossary of Common Reinsurance Terms Buy Form

Chapter 07 expand

Excess Insurance

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Carol A. Kelly, Esq., CRICO/Risk Management Foundation

Chapter 08 expand

Environmental Coverage Disputes

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William A. Schneider, Esq., Morrison Mahoney LLP

Chapter 09 expand

Obligations of Insurer and Policyholder

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Creighton K. Page, Esq., Foley Hoag LLP
Martin C. Pentz, Esq.,

Exhibit 9A

- Court’s Order Staying Litigation in Eastern Enterprises v. Hanover Insurance Co. Buy Form

Exhibit 9B

- Court’s Order Staying Discovery in Commercial Union Insurance Co. v. RohmTech, Inc. Buy Form

Exhibit 9C

- Court’s Allowance of Protective Order in American Policyholders Insurance Co. v. Nyacol Products, Inc. Buy Form

Exhibit 9D

- Court’s Order Staying Litigation in Hometown America, LLC v. Starnet Insurance Co. Buy Form

Chapter 10 expand

Insurance Brokers and Agents

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Richard E. Quinby, Esq., Barton Gilman LLP
Natalie Newsom Sullivan, Esq., Barton Gilman LLP

Chapter 11 expand

Declaratory Judgment Suits

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Nancy D. Adams, Esq., Mintz Levin Cohn Ferris Glovsky and Popeo, PC
Kim V. Marrkand, Esq., Mintz Levin Cohn Ferris Glovsky and Popeo, PC

Chapter 12 expand

Ethical Considerations

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Gilda Tuoni Russell,

Chapter 13 expand

Bad Faith Claims Handling—G.L. c. 93A and G.L. c. 176D

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Thomas F. Maffei, Esq., Sherin and Lodgen LLP
Sara J. Shanahan, Esq., Sherin and Lodgen LLP

Chapter 14 expand

Insurance Regulation

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Robert A. Whitney, Esq., McAngus, Goudelock & Courie LLC

Chapter 15 expand

Insurer Insolvency

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Kurt Michael Mullen, Esq., Pierson Ferdinand LLP

Chapter 16 expand

Fidelity and Surety Bonds

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John P. Connelly, Esq., Hinckley Allen LLP

Chapter 17 expand

Insurance Coverage for Employment-Related Practices

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Robert A. Whitney, Esq., McAngus, Goudelock & Courie LLC

Exhibit 17A

- Insurance Services Office’s Employment-Related Practices Exclusion (Form CG 21 47 07 98) Buy Form

Exhibit 17B

- Insurance Services Office’s Employment-Related Practices Liability Coverage Form (Form EP 00 01 04 98) Buy Form

Exhibit 17C

- Lexington Insurance Company’s Employment Practices Liability Policy (Form LEX-CM-EPLIT (ED.06/95), LX0557) Buy Form

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