Product Description

Recent updates:

• Update: September 2022

  Dear Subscriber:

  Thank you for updating your reference library with the latest edition of Preparing Fiduciary Income, Gift, and Estate Tax Returns . This third edition brings developments within your immediate reach—for fast answers to the questions that arise most frequently in your practice

  Highlights from this edition include

  • discussion of a case that has clarified the issue as to whether a charitable deduction under Section 642(c) for donated real estate purchased out of gross income should be based on the property's fair market value (FMV) or the trust's adjusted basis in the property. The Appeals Court also addressed the definition of "gross income". The case confirms that a Section 642(c) deduction is available if the trust is able to trace the purchase of the property to the trust's taxable income at the time of the purchase.

  • information on six concepts constituting distribution rules for complex trusts and estates and the allocation of DNI, i.e., the "tier system"; the separate share rule; the sixty-five-day rule under Section 663(b); specific bequests under Section 663(a)(1); the Section 645 election; and distributions in-kind under Section 643(e).

  • discussion of a 2020 case that addressed the determination and calculation of the Massachusetts estate tax obligation on trust property where the first spouse to die was in a jurisdiction that allowed for a trust's QTIP election and the surviving spouse moved to Massachusetts.

  • updated tax forms found in the exhibits to the chapters.

  With this latest edition, Preparing Fiduciary Income, Gift, and Estate Tax Returns remains an essential companion for Massachusetts attorneys.

  We at MCLE thank you for your ongoing support of this product, as we continue our efforts to bring you the latest solutions to the issues you face in your practice.

  Very truly yours,

  Maryanne G. Jensen, Esq., Director of Publications

Table of Contents

Chapter 01 expand

Intestacy and Administration

Buy Chapter

Kenneth R. Rampino, Esq., Rampino Law, Ltd

Exhibit 1A

- Table of Consanguinity Buy Form

Chapter 02 expand

Probating the Will

Buy Chapter

Joseph Thomas Galindo, Jr., Esq., Harris Beach Murtha Cullina PLLC
Lynn E. Riley, Esq., Cameron & Mittleman LLP

Exhibit 2A

- Petition to Issue Citation for Delivery of Will (Form PC-10.5) Buy Form

Exhibit 2AA

- Claim of Appeal (Form PC-9.3) Buy Form

Exhibit 2B

- Petition to Secure Concealed Will and Cite Respondent to Appear and Be Examined Under Oath (Form PC-10.5) Buy Form

Exhibit 2BB

- Petition for Administration De Bonis Non (Form PC-1.2) Buy Form

Exhibit 2C

- Petition to File Will with No Assets (Form PC-1.4) Buy Form

Exhibit 2CC

- Administration de Bonis Non cum Testamento Annex (Form PC-1.2) (Sample No. 2) Buy Form

Exhibit 2D

- Petition for Voluntary Informal Executor (Form PC-1.9) Buy Form

Exhibit 2DD

- Notice of Hearing Letter Buy Form

Exhibit 2E

- Petition to Amend Voluntary Informal Executor Statement Buy Form

Exhibit 2EE

- Affidavit of Notice (Sample No. 2) Buy Form

Exhibit 2F

- Petition for Appointment of Custodian (Form PC-2.11) Buy Form

Exhibit 2FF

- Fiduciary Resignation (Form PC-1.7) Buy Form

Exhibit 2G

- Attachment to Petition for Appointment of Custodian Buy Form

Exhibit 2GG

- Petition for Allowance of Foreign Will (Form PC-1.6) Buy Form

Exhibit 2H

- Custodian’s Affidavit Buy Form

Exhibit 2HH

- Petition for the Appointment of a Guardian ad Litem for Minor Beneficiaries Buy Form

Exhibit 2I

- Petition to Appoint Receiver (Form PC-2.13) Buy Form

Exhibit 2II

- Proposed Order to Guardian ad Litem Petition Buy Form

Exhibit 2J

- Affidavit of Domicile Buy Form

Exhibit 2K

- Petition for Probate of Will (Form PC-1.5) Buy Form

Exhibit 2L

- Administration de Bonis Non cum Testamento Annexo (Form PC-1.2) (Sample No. 1) Buy Form

Exhibit 2M

- Affidavit of Subscribing Witness Buy Form

Exhibit 2N

- Self-Proving Affidavit Attached to Will Buy Form

Exhibit 2O

- Attorney of Record Form (Form PC-9.2) Buy Form

Exhibit 2P

- Appointment of Agent (Form PC-3.5) Buy Form

Exhibit 2Q

- Waiver (Form PC-9.1) Buy Form

Exhibit 2R

- Advertising (Form PC-9.1) Buy Form

Exhibit 2S

- Acceptance of Trust (Form PC-3.4) Buy Form

Exhibit 2T

- Notice of Hearing Letter Buy Form

Exhibit 2U

- Affidavit of Notice (Sample No. 1) Buy Form

Exhibit 2V

- Subpoena Duces Tecum (Form PC-5.3) Buy Form

Exhibit 2W

- Dedimus Potestatem (Form PC-10.9) Buy Form

Exhibit 2X

- Universal Appointment Bond (Corporate Surety Exempted) (Form PC-3.1A) Buy Form

Exhibit 2Y

- Universal Appointment Bond (with Corporate Surety) (Form PC-3.1B) Buy Form

Exhibit 2Z

- Affidavit to Waive Surety Buy Form

Chapter 03 expand

Construction of Wills

Buy Chapter

Eric D. Correira, Esq., Correira Law

Chapter 04 expand

Personal Representatives’ Qualifications and Bonds

Buy Chapter

Kristin N. Matsko, Esq., Adler Pollock & Sheehan, P.C.

Exhibit 4A

- Acceptance/Declination of Trust (Form PC-3.4) Buy Form

Exhibit 4B

- Appointment of Agent (Form PC-3.5) Buy Form

Exhibit 4C

- Universal Appointment Bond (Corporate Surety Exempted) (Form PC-3.1A) Buy Form

Exhibit 4D

- Universal Appointment Bond (with Corporate Surety) (Form PC-3.1B) Buy Form

Exhibit 4E

- Bond for Sale-Mortgage of Real Estate of Deceased Person (Form PC-3.8) Buy Form

Exhibit 4F

- Petition to Render Inventory and/or Account (Form PC-5.2) Buy Form

Chapter 05 expand

Inventory and Appraisal of Personal Estate

Buy Chapter

Paul A. Brule,

Exhibit 5A

- Universal Appointment Bond (Corporate Surety Exempted) (Form PC-3.1A) Buy Form

Exhibit 5B

- Petition for Voluntary Informal Administrator (Form PC-1.10) Buy Form

Exhibit 5C

- Petition for Voluntary Informal Executor (Form PC-1.9) Buy Form

Exhibit 5D

- Petition to Render Inventory and Account (Form PC-5.2) Buy Form

Exhibit 5E

- Removal Petition (Form PC-1.8) Buy Form

Exhibit 5F

- Universal Inventory—Probate Estate Sample Buy Form

Exhibit 5G

- Petition to File Will with No Assets (Form PC-1.4) Buy Form

Exhibit 5H

- Universal Inventory—Guardianship Estate Sample No. 1 Buy Form

Exhibit 5I

- Personal Property Appraisal—Jewelry Sample Buy Form

Exhibit 5J

- Universal Inventory—Guardianship Estate Sample No. 2 Buy Form

Exhibit 5K

- Universal Inventory—Amended Guardianship Estate Sample Buy Form

Exhibit 5L

- Supplemental Inventory (Form PC-10.4) Buy Form

Chapter 06 expand

Disposition and Sale of Real Estate

Buy Chapter

Kenneth R. Rampino, Esq., Rampino Law, Ltd

Exhibit 6A

- Certificate of Devise or Descent (Form PC-10.6) Buy Form

Exhibit 6B

- Notice of Commencement of Probate (Form PC-9.9) Buy Form

Exhibit 6C

- Petition for Sale or Mortgage of Real Estate (Form PC-4.2) Buy Form

Exhibit 6D

- Form of Bond (Form PC-3.8) Buy Form

Exhibit 6E

- Guardian’s Deed Buy Form

Exhibit 6F

- Administrator’s Deed (Nonresident) Buy Form

Exhibit 6G

- Administrator’s Deed (Resident) Buy Form

Exhibit 6H

- Executor’s Deed Under Power of Sale Buy Form

Exhibit 6I

- Executor’s Deed Under License to Sell Buy Form

Chapter 07 expand

Debts, Charges, Claims, and Allowances

Buy Chapter

Richard D. Bostwick,

Chapter 08 expand

Estate Accounts

Buy Chapter

Hon. Cristine McBurney, McBurney Law Associates

Exhibit 8A

- Account (Form PC-7.1) Buy Form

Exhibit 8B

- Certification of Accounting (Form PC-7.2) Buy Form

Exhibit 8C

- General Release (Form PC-7.7) Buy Form

Exhibit 8D

- Affidavit of Complete Administration (Form PC-7.3) Buy Form

Exhibit 8E

- Certificate of Devise or Descent (Form PC-10.6) Buy Form

Exhibit 8F

- Affidavit of Notice to Creditors and the Executive Office of Health and Human Services Buy Form

Exhibit 8G

- Affidavit of No Real Property Buy Form

Chapter 09 expand

Guardianships and Conservatorships of Adults

Buy Chapter

Jennifer L. Olean, Esq., Sjoberg & Votta Law Offices

Exhibit 9A

- Petition for Limited Guardianship or Guardianship (Form PC-2.3) Buy Form

Exhibit 9B

- Decision-Making Assessment Tool (Form PC-2.5) Buy Form

Exhibit 9C

- Notice (Form PC-2.4) Buy Form

Exhibit 9D

- Temporary Guardianship (Form PC-2.1) Buy Form

Exhibit 9E

- Annual Status Report (Form PC-2.8) Buy Form

Exhibit 9F

- Conservatorship Petition (Form PC-2.10) Buy Form

Chapter 10 expand

Probate Litigation

Buy Chapter

Mark A. Sjoberg, Esq.,

Exhibit 10A

- Statewide Forms Buy Form

Exhibit 10B

- Order (Form PC-10.12) Buy Form

Exhibit 10C

- Claim of Appeal (Form PC-9.3) Buy Form

Exhibit 10D

- Reasons of Appeal Buy Form

Exhibit 10E

- Affidavit in Proof of Docketing Probate Appeal Buy Form

Exhibit 10F

- Notice of Probate Appeal Buy Form

Exhibit 10G

- Certificate of Notice of Probate Appeal Buy Form

Exhibit 10H

- Entry of Appearance Buy Form

Exhibit 10I

- Motion to Intervene Buy Form

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Author(s)