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Massachusetts Law About Wills and Estates

Massachusetts Laws

Uniform Probate Code

Uniform Probate Code, MGL c.190B (MUPC). Added by St.2008, c. 521. Some portions effective July 1, 2009. Under St.2011, c.224 most portions are effective March 31, 2012. Changes laws of intestate succession, estate administration and much more. A complete overhaul of Mass. probate laws.

Without a Will

MGL c.190B, s.2-101 et seq. Descent and distribution of real and personal property. Effective March 31, 2012
MGL c.190B, Article III Probate of Wills and Administration Effective March 31, 2012

With a Will

MGL c.190B, s.2-501 et seq. Wills Effective March 31, 2012
MGL c.190B, Article III Probate of Wills and Administration Effective March 31, 2012
MGL c.191B Uniform Statutory Will Act

Forms

Will and Estate and MUPC Forms

Fees

Massachusetts Probate and Family Court Uniform Fee Schedule effective March 31, 2012. "This fee schedule does not include specific references to actions and pleadings that will be utilized under the newly enacted provisions of the Massachusetts Uniform Probate Code as there is currently pending in the Massachusetts Legislature a bill that will address those fees. Until further notice, any petition that is filed, that is not specifically provided for in the Uniform Fee Schedule, will be charged a General Petition fee of $150...There will be some pleadings for which we will not be able to charge a fee until the Legislature acts. These pleadings include, but are not limited to, Demand for Sureties, Foreign Conservator Sworn Statement, Closing Statement, Foreign Personal Representative Sworn Statement and Small Estate Closing Statement."

Other Web Sources

Best Bets

Probate and Family Court MUPC Hub. Includes links to Forms, Training Material, Rules and more.

Probate and Guardianship Reform: Massachusetts Uniform Probate Code, Mark A. Leahy. Includes full text of the uniform probate code, FAQ, articles and more. An invaluable resource. Also includes cross-reference tables from previous laws to MUPC sections, and from MUPC to former law citations.

Estate Planning

8 Ways to Avoid Probate, Nolo, 2010. Shows ways you can setup your assets to avoid or limit your estate being probated.

Busy Family's Guide to Estate Planning, Nolo, 2007. Estate planning guide with an emphasis on those with children, including appointing a guardian for your children and managing children's money. Requires Library Card for access.

Complete Guide to IRAs & IRA Investing: Wealth Building Strategies Revealed, Atlantic Publishing, 2009. Covers types of IRAs, putting money in, and taking money out. Requires Library Card for access.

Complete Guide to Organizing Your Records for Estate Planning: Step-by-Step Instructions, Atlantic Publishing, 2009. Requires Library Card for access.

Complete Guide to Planning Your Estate: A Step-by-Step Plan to Protect Your Assets, Limit Your Taxes & Ensure Your Wishes Are Fulfilled, Atlantic Publishing, 2007. Requires Library Card for access.

Complete Guide to Planning Your Estate in Massachusetts, Atlantic Publishing, 2009. Requires Library Card for access.

Estate Planning Basics, Nolo, 2011. Includes information on wills, living trusts, estate tax and more. Requires Library Card for access.

Estate Planning for Blended Families, Nolo, 2009. Planning for children and stepchildren, May-December couples, or couples of unequal wealth. With forms and checklists. Requires Library Card for access.

IRAs, 401(k)s & Other Retirement Plans: Taking Your Money Out, Nolo, 2011. Includes information on early distributions, periodic payments, types of retirement plans and more. Requires Library Card for access.

Massachusetts Uniform Probate Code: A New Law Effecting Inheritance, Wills, Trusts and Estate Administration, Douglas Peterson. Helpful information on surviving spouses, spousal share and disinheriting children under the new law.

Plan Your Estate, Nolo, 2010. Includes information on beneficiaries, wills, avoiding probate, living trusts, life insurance, and more. Requires Library Card for access.

Your Complete Guide to Leaving An Inheritance for Your Children & Others: What You Need to Know Explained Simply, Atlantic Publishing, 2008. Requires Library Card for access.

Wills and Estate Administration

Conflicts, Competence and Confidentiality in Will Drafting, Mass. Board of Bar Overseers. "When a lawyer is consulted to prepare a will for a testator, the fact that the lawyer also represents a potential beneficiary can create other issues that may also require attention, depending upon the circumstances."

The Executor's Guide: Settling a Loved One's Estate or Trust, Nolo, 2010. Gives an overview to being an executor. Includes information on taking inventory, what to do if there is no will, taxes, claiming benefits and more. Requires Library Card for access.

Introduction to the Massachusetts Uniform Probate Code, MCLE, 2009. "This "Alert" is a special publication designed to provide a brief overview of the new Massachusetts Uniform Probate Code, the effective date of which is [March 31, 2012], as well as pertinent information regarding the guardianship provisions of Article V of the Code."

MUPC Estate Administration Procedural Guide, Administrative Office of the Probate and Family Court, March 2012. This 139-page manual "contains a wealth of information and a detailed description of the Massachusetts Uniform Probate Code and how it is to be implemented in the Probate and Family Court."

Quick and Legal Will Book, Nolo, 2011. This book provides fill-in-the-blank forms and instructions for making a basic will. Also available in print form. Requires Library Card for access.

Intestate Succession

Cosgrove v. Hughes, 78 Mass. App. Ct. 739 (2011). "If a decedent has acknowledged paternity of a person born out of wedlock . . . that person is heir of his father." The child does not have to prove a biological connection.