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

Overview of the Attorney’s Role

Buy Chapter

Gail E. McTaggart, Esq., Secor, Cassidy & McPartland, PC

Checklist 1.1

- Purchase and Sale Conference Checklist for Representing the Seller Buy Form

Checklist 1.2

- Buyer’s Conference Checklist for Purchase and Sale Agreement Buy Form

Checklist 1.3

- Buyer’s Condominium Checklist (Supplement to Buyer’s Checklist) Buy Form

Chapter 2 expand

The Contracts: The Offer to Purchase and the Purchase and Sale Agreement

Buy Chapter

Robert L. Fisher, Jr., Esq., Cramer & Anderson

Exhibit 2A

- State of Connecticut Residential Property Condition Report Buy Form

Exhibit 2B

- Affidavit Concerning Smoke and Carbon Monoxide Detectors for Use in Connecticut Real Estate Transactions Buy Form

Exhibit 2C

- Connecticut Association of REALTORS®, Inc. (CAR) Purchase and Sale Agreement Buy Form

Exhibit 2D

- Real Estate Contract of Sale Buy Form

Exhibit 2E

- List of Real Property Liens and Expiration Dates Buy Form

Exhibit 2F

- Nonforeign Person Certificate Buy Form

Exhibit 2G

- IRS Form 1099-S Buy Form

Chapter 3 expand

Financing a Residential Real Estate Transaction

Buy Chapter

John W. Dombrowski, Jr., Esq.,

Checklist 3.1

- Checklist for Closing Buy Form

Exhibit 3A

- Fannie Mae/Freddie Mac Multistate Fixed-Rate Note Buy Form

Exhibit 3B

- Fannie Mae/Freddie Mac Multistate Adjustable-Rate Note Buy Form

Exhibit 3C

- Loan Estimate Buy Form

Exhibit 3D

- Closing Disclosure Buy Form

Chapter 4 expand

Connecticut Real Estate Titles

Buy Chapter

Stephen Maggiola, Esq., Connecticut Attorneys Title Insurance Company

Chapter 5 expand

Title Insurance Basics

Buy Chapter

David S. Veleber, Esq.,

Exhibit 5A

- ALTA Loan Policy Buy Form

Exhibit 5B

- ALTA Owner’s Policy Buy Form

Exhibit 5C

- CATIC Affirmative Language Endorsement Buy Form

Exhibit 5D

- ALTA Endorsement Form 9-06 Buy Form

Exhibit 5E

- ALTA Endorsement Form 8.1 Buy Form

Exhibit 5F

- ALTA Endorsement Form 7-06 Buy Form

Exhibit 5G

- ALTA Endorsement Form 6.2 Buy Form

Exhibit 5H

- ALTA Endorsement Form 5.1-06 Buy Form

Exhibit 5I

- ALTA Endorsement Form 4.1 Buy Form

Exhibit 5J

- CATIC Construction Mortgage Endorsement Buy Form

Exhibit 5K

- CATIC Notice of Availability of Owner Title Insurance Buy Form

Exhibit 5L

- ALTA Commitment Form Buy Form

Exhibit 5M

- CATIC Owner Affidavit Buy Form

Exhibit 5N

- ALTA Homeowner’s Policy Buy Form

Exhibit 5O

- ALTA Expanded Coverage Residential Loan Policy Buy Form

Chapter 6 expand

Deeds

Buy Chapter

Thomas B. Kane, Esq., Kane Hartley & Kane, PC
Thomas P. Kane, Esq., Kane Hartley & Kane, PC

Chapter 7 expand

Common Practices to Close the Sale

Buy Chapter

Robert S. Carey, Jr., Esq.,

Exhibit 7A

- Buyer Engagement Letter (Example No. 1) Buy Form

Exhibit 7AA

- Use and Occupancy Agreement Buy Form

Exhibit 7B

- Buyer Engagement Letter (Example No. 2) Buy Form

Exhibit 7BB

- Release or Satisfaction of Mortgage Letter Buy Form

Exhibit 7C

- Buyer Engagement Letter (Example No. 3—Closing Only) Buy Form

Exhibit 7CC

- Certification for No Information Reporting Buy Form

Exhibit 7D

- Seller Engagement Letter (Example No. 1) Buy Form

Exhibit 7E

- Seller Engagement Letter (Example No. 2) Buy Form

Exhibit 7F

- Refinance Engagement Letter (Example No. 1) Buy Form

Exhibit 7G

- Refinance Engagement Letter (Example No. 2) Buy Form

Exhibit 7H

- Refinance Engagement Letter (Example No. 3) Buy Form

Exhibit 7I

- Individual Waiver of Mechanic’s Lien Buy Form

Exhibit 7J

- Waiver of Mechanics’ Liens Buy Form

Exhibit 7K

- Buyer/Borrower Closing Disclosure Buy Form

Exhibit 7L

- Seller Closing Disclosure Buy Form

Exhibit 7M

- Owner Affidavit Buy Form

Exhibit 7N

- Certificate of Name Change Buy Form

Exhibit 7O

- Statutory Warranty Deed Buy Form

Exhibit 7P

- Statutory Form Quitclaim Deed Buy Form

Exhibit 7Q

- Statutory Warranty Deed (Survivorship) Buy Form

Exhibit 7R

- Statement of Real Estate Conveyance Tax Buy Form

Exhibit 7S

- OP-236 Real Estate Conveyance Tax Return Buy Form

Exhibit 7T

- Form 1099-S Buy Form

Exhibit 7U

- Undertaking and Indemnity for Payoff of Existing Mortgage Buy Form

Exhibit 7V

- Certificate of Nonforeign Status Buy Form

Exhibit 7W

- Multistate Fixed Rate Note Buy Form

Exhibit 7X

- Adjustable Rate Note Buy Form

Exhibit 7Y

- Open-End Mortgage Deed Buy Form

Exhibit 7Z

- Mortgage Deed Buy Form

Chapter 8 expand

Preforeclosure Issues

Buy Chapter

Michelle L. Bibeau, Esq.,
Michael D. O'Connell, Esq.,

Chapter 9 expand

Foreclosure Procedure from Complaint Through Sale

Buy Chapter

Michelle L. Bibeau, Esq.,
Michael D. O'Connell, Esq.,

Exhibit 9A

- Civil Summons Buy Form

Exhibit 9B

- Civil Summons Continuation of Parties Buy Form

Exhibit 9C

- Notice to Homeowner of Availability of Foreclosure Mediation Buy Form

Exhibit 9D

- Foreclosure Mediation Certificate Buy Form

Exhibit 9E

- Appearance Buy Form

Exhibit 9F

- Military Affidavit Buy Form

Exhibit 9G

- Motion for Approval of Committee Sale Buy Form

Exhibit 9H

- Foreclosure by Sale Committee Report Buy Form

Exhibit 9I

- Foreclosure by Sale Committee Deed Buy Form

Exhibit 9J

- Motion for Supplemental Judgment Buy Form

Chapter 10 expand

Title Issues in Foreclosure Practice

Buy Chapter

Ellen L. Sostman, Esq.,
Bruce A. Zawodniak, Esq., Connecticut Attorneys Title Insurance Company

Checklist 10.1

- Court Foreclosure File Checklist Buy Form

Exhibit 10A

- Satisfaction of Judgment Buy Form

Author(s)