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Massachusetts Family Law Sourcebook & Citator

Sound estate planning guidance

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  • Product Number: 2254696WCH
  • Publication Date: 4/25/2025
  • Edition: 2025 Edition
  • Copyright: © 2025 MCLE, Inc.
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  • Product Description
  • Table of Contents
  • Editors & Authors
  • Product Description

    Product Description

    The forty-four chapters of this comprehensive manual are organized into five parts, addressing planning for incapacity, public benefits and employment, special issues for disabled children and adults, aging in place, and care in a skilled nursing facility. Hundreds of insights, from Massachusetts' most experienced practitioners, bring clarity to complex procedures and guide readers through the topics that are pertinent to elders and persons with disabilities—both adults and children. The book expands and updates the MCLE classic, Estate Planning for the Aging and Incapacitated Client in Massachusetts , while adding new chapters on subjects such as undue influence, special needs trusts, and ethics. A series of MassHealth chapters addresses information on protecting the family home and community spouse, transferring resources, reducing excess assets, and creating trusts. The book tackles tax and insurance issues, housing choices, the financing of services, both private and public, the intricacies of long-term care, and the myriad concerns surrounding the needs of persons with disabilities, to name just a few of the topics. Forty-seven experts wrote the book, and a cadre of nine MassNAELA members joined chief editor Brian E. Barreira to ensure currency, relevance, and highly practical value.

    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

    Table of Contents

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    Part 01 expand

    Massachusetts Probate and Family Court General Information and Filing Fees

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    Part 02 expand

    Practice Guides

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    Part 03 expand

    Selected Massachusetts Laws and Regulations

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    Part 04 expand

    Selected Provisions of the Internal Revenue Code and Treasury Regulations

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    Part 05 expand

    Other Federal Laws and Regulations

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    Part 06 expand

    Massachusetts Rules of Domestic Relations Procedure

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    Part 07 expand

    Court Rules and Guidelines

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    Part 08 expand

    Child Support Guidelines

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    Part 09 expand

    Case Digest

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    Appendix

    Family Law Case Digest 1975–2024

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  • Editors & Authors

    Editor(s)

    Gina J. Calabro, Esq., The Law Office of Gina J. Calabro, LLC, Wellesley

    Author(s)

    Pauline Quirion, Esq., Greater Boston Legal Services, Boston
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