Product Description

Recent updates:

• Update: December 2024

  Dear Subscriber:

  Thank you for choosing to stay current in the area of real estate title law with this new edition of Real Estate Title Practice in Massachusetts Inside, find material on the following topics and more:

  • Derelict fee. See chapter 2 for a cite to a 2023 case that applies the derelict fee statute to registered land.

  • Easements by express grant. Chapter 6 cites a 2023 case in which a question arose as to whether a dominant estate may use a right-of-way itself for recreation or usual beach activities. The use of particular phrases in a granting instrument was at issue.

  • Nominee trust. Chapter 7 adds an explanation regarding the use of a limited liability company membership interest as an intangible asset.

  • Binding "offers". See chapter 8 for a 2024 case where the striking of language by the seller in the buyer's offer to purchase amounted to a counteroffer.

  • Late and limited filings. Citing a 2020 decision and a REBA title standard, chapter 9 adds a practice note regarding the use of late and limited filings that specifies what they are not to be used for.

  • Actions by creditors of the decedent; "lifetime liens". Chapter 9 cites a 2023 decision restricting enforcement of MassHealth liens placed against property during a Medicaid recipient's lifetime, determining such liens to be unenforceable after the recipient's death.

  • Public dedication doctrine. See chapter 12 for discussion of the recognition of a form of appropriation of private land, and a 2024 Superior Court decision as to whether formalities and a written dedication is needed.

  • Takings; unconstitutional conditions. Chapter 12 also adds a new discussion of a narrow category of takings arising in the permitting process under the "unconstitutional conditions doctrine." A 2023 case is cited.

  • Foreclosure and the Takings Clause. Chapter 14 discusses the U.S. Supreme Court's unanimous 2023 decision holding that a state's tax foreclosure laws violated the Fifth Amendment's Takings Clause. Significant implications for Massachusetts municipal tax foreclosure law are addressed.

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

  Cordially,

  MCLE Press

Table of Contents

Chapter 01 expand

Practical Steps in Handling an Estate Planning Matter

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Jennifer T. Fleming, Esq., Prince Lobel Tye LLP

Exhibit 1A

- Estate Planning Questionnaire Buy Form

Exhibit 1B

- Sample Correspondence Buy Form

Chapter 02 expand

Estate, Gift, and Generation-Skipping Transfer Taxes

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Patricia M. Annino, Esq., Rimon, PC

Chapter 03 expand

Fundamental Testamentary Planning

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Tracy A. Craig, Esq., Seder & Chandler
William N. Friedler, Esq., Verrill Dana LLP
Lisa M. Neeley, Esq., Rubin Rudman LLP
Jon E. Steffensen, Esq., McLane Middleton
Janelle A. Tanenbaum, Esq., Seder & Chandler

Exhibit 3A

- Pour-Over Will Provision: Pour-Over Residue to Own Trust Buy Form

Exhibit 3B

- Pour-Over Will Provision: Residue to Other Person’s Trust Buy Form

Exhibit 3C

- Marital Deduction/Generation-Skipping Trust Buy Form

Chapter 04 expand

Marital Deduction Planning and Drafting Techniques

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Jon E. Steffensen, Esq., McLane Middleton

Exhibit 4A

- 26 U.S.C. § 2011 Credit for State Death Taxes Buy Form

Chapter 05 expand

Lifetime Asset Transfers

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Molly R. Soiffer, Esq., Bove Langa Witherell & Soiffer P.C.
Karen L. Witherell, Esq., Bove Langa Witherell & Soiffer

Chapter 06 expand

Charitable Giving Outright and in Trust

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Mark M. Christopher, Esq., Goulston & Storrs, PC

Exhibit 6A

- IRS Revenue Procedures Issuing Sample CRT Forms Buy Form

Chapter 07 expand

Life Insurance and Estate Planning

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Robert L. Arone, Esq., Orsi Arone Rothenberg & Turner LLP
Richard P. Breed, III, Esq., Shipman & Goodwin LLP
William D. Kirchick, Esq., Nutter McClennen & Fish LLP
Alan S. Novick, Esq., Novick Law Offices
Ralph J. Rotman, CLU, Northwestern Mutual Financial Network

Exhibit 7A

- Unilateral Buyout Agreement Buy Form

Exhibit 7B

- Split-Dollar Insurance Agreement Buy Form

Exhibit 7C

- Crummey Instructions and Notice Buy Form

Chapter 08 expand

Advance Medical Directives: Living Wills, Durable Powers of Attorney, and Health-Care Proxies

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Sheryl J. Dennis, Esq., Fields and Dennis LLP
Vicki L. Shemin, Esq., Turco Legal

Checklist 8.1

- Health-Care Proxy Checklist Buy Form

Exhibit 8A

- Living Will Buy Form

Exhibit 8B

- Durable Power of Attorney Buy Form

Exhibit 8C

- Health-Care Proxies Buy Form

Exhibit 8D

- Massachusetts Medical Orders for Life-Sustaining Treatment (MOLST) Buy Form

Chapter 09 expand

Estate Planning for Retirement Benefits

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Sarah R. Grandfield, Esq., Bessemer Trust
Kelly J. Guarino, Esq., Fiduciary Trust Company

Exhibit 9A

- Uniform Lifetime Table Buy Form

Exhibit 9B

- Sample Basic Beneficiary Designation Buy Form

Exhibit 9C

- Single Life Table Buy Form

Chapter 10 expand

Basic Strategies to Preserve and Protect the Family Business

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Luke C. Bean, Esq., Rico, Murphy, Diamond & Bean LLP
Lisa M. Rico, Esq., Rico, Murphy, Diamond & Bean LLP
Judith A. Saxe, Esq., CIBC Private Wealth Management

Chapter 11 expand

Medicaid and Creditor Protection Trusts

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John J. Bowe, Jr., Esq., John J. Bowe, Attorney at Law, P.C.

Chapter 12 expand

Marital Agreements

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Mary H. Schmidt, Esq., Verrill Dana LLP
Christopher H. Suh, Esq., Hinckley Allen

Checklist 12.1

- Prenuptial Agreement Checklist Buy Form

Checklist 12.2

- Postnuptial Agreement Checklist Buy Form

Checklist 12.3

- Separation Agreement Checklist Buy Form

Chapter 13 expand

Estate Planning for Unmarried Couples

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Donna M. Turley, Esq., Turley LLC

Chapter 14 expand

Planning for Incapacity

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Rebecca Caitlin O'Brien, Esq., O'Brien Cavanagh Ivanova LLP

Exhibit 14A

- Language Defining Incapacity Buy Form

Exhibit 14B

- Special Clauses for Durable Power of Attorney Buy Form

Exhibit 14C

- Escrow Agreement Buy Form

Exhibit 14D

- Durable General Power of Attorney Buy Form

Exhibit 14E

- Affidavit Regarding Power of Attorney (REBA Form 1) Buy Form

Exhibit 14F

- Sample Health-Care Proxy Buy Form

Exhibit 14G

- HIPAA Release Form Buy Form

Exhibit 14H

- Additional Resources Buy Form

Exhibit 9D

- Distribution Period Buy Form

Chapter 15 expand

Estate Planning for Same-Sex Couples: Selected Issues

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Thanda Fields Brassard, Esq.,

Chapter 16 expand

Same-Sex Marriage, Divorce, and Estate Planning Issues

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Lisa M. Cukier, Esq., Rubin Rudman LLP
Andrea E. Nelson, Esq., Koiles Pratt

Checklist 16.1

- Adoption Checklist: Coparent Adoption (Where One or Both Parties Are Already Legal Parents to Child) Buy Form

Checklist 16.2

- Known Donor Checklist for Married Same-Sex Couples Buy Form

Checklist 16.3

- Adoption Checklist—Private Domestic or International Adoption Buy Form

Checklist 16.4

- Alternate Routes to Parentage Buy Form

Checklist 16.5

- Guardian ad Litem Initial Questions (When Ascertaining Whether to Propose or Agree to GAL) Buy Form

Exhibit 16A

- Joint Representation Consent Buy Form

Exhibit 16B

- Motion to Waive Six-Month Residency Requirement Buy Form

Exhibit 16C

- Motion to Waive Notice [to Be Filed Where Child Conceived Prior to Marriage or Nonmarital] Buy Form

Exhibit 16D

- Affidavit [to Be Filed Where Child Conceived During Marriage] Buy Form

Exhibit 16E

- Motion to Waive Home Study Buy Form

Exhibit 16F

- Affidavit of Parents Buy Form

Exhibit 16G

- Form R-891S: Certificate of Adoption Buy Form

Exhibit 16H

- Complaint to Establish Parentage and Support Memorandum Buy Form

Exhibit 16I

- Client Intake Checklist for Dissolutions/Divorce and Potential Issues Buy Form

Exhibit 16J

- Complaint in Equity for Dissolution of Civil Union Buy Form

Exhibit 16K

- Health-Care Proxy Buy Form

Exhibit 16L

- Authorization for Release of Protected Health Information Buy Form

Exhibit 16M

- Massachusetts Health-Care Proxy Information, Instructions, and Form Buy Form

Exhibit 16N

- DNR Order Verification Buy Form

Exhibit 16O

- Statement Concerning Durable Power of Attorney Buy Form

Exhibit 16P

- Durable Power of Attorney Buy Form

Exhibit 16Q

- Will Buy Form

Exhibit 16R

- Declaration as to Remains Buy Form

Exhibit 16S

- Voluntary Acknowledgment of Parentage Buy Form

Chapter 17 expand

Postmortem Estate Planning

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Clifford R. Cohen, Esq.,
George L. Cushing, Esq., McLane Middleton
Eric P. Hayes, Esq., Goodwin Procter LLP
Meaghan E. Kelly, Esq., Doherty, Dugan, Cannon, Raymond & Weil, PC
Colin M. Korzec, Esq., Bank of America, Private Bank
Karen L. Witherell, Esq., Bove Langa Witherell & Soiffer

Checklist 17.1

- Checklist for Disclaimers Buy Form

Exhibit 17A

- Disclaimer of Survivorship Interest in Joint Property and of Powers as Beneficiary and Trustee of Trust Buy Form

Exhibit 17B

- Disclaimer of an Interest in Real Estate Buy Form

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