Uniform probate code
Uniform Probate Code, MGL c.190B (MUPC)
Laws of intestate succession, estate administration, and much more.
Without a will
With a will
MGL c.190B, §§ 2-501 et seq. Wills
MGL c.190B, Article III Probate of wills and administration.
MGL c.191, § 15 Elective share: a spouse can choose to waive the provisions of a will and take a specified share of the estate instead
MGL c.191B Uniform statutory will act
Claims against an Estate
Ciani v. MacGrath, 481 Mass. 174 (2019)
"To the extent a surviving spouse's shares of the decedent's estate exceed $25,000, § 15 reduces his or her interest in the real property from outright ownership to a life estate."
"As a practical matter, § 15 is unwieldly and perplexing to apply in most instances. ... In addition, it is "woefully inadequate to satisfy modern notions of a decedent spouse's obligation to support the surviving spouse or modern notions of marital property," ..., and, although not visited in detail here, the history of the statute leaves no doubt that it is decidedly gendered.... In short, the statute is in desperate need of an update and we urge the Legislature to do so."
Wills, estates and trust forms, Probate and Family Court
- Probate and Family Court MUPC hub. Includes links to forms, training material, rules, and more.
- 8 ways to avoid probate , Nolo, 2020
Shows ways you can set up your assets to avoid or limit your estate being probated. Requires free library card for access
- Estate planning basics, Nolo, 2020.
Includes information on wills, living trusts, estate tax and more. Requires free library card for access.
- Estate planning for your digital assets, The Conversation, 2018.
"What will happen to your Facebook account when you die? What about all your photos shared on social media, your texts with loved ones, or documents on cloud-storage systems?"
- Find an elder law attorney, NAELA, 2020
Use the National Academy of Elder Law Attorneys’ database to find an attorney who specializes in elder law.
- Get it together: organize your records so your family won't have to, Nolo, 2018
Includes information on health care directives, durable power of attorney, organ donation, insurance, bank accounts and more. Requires library card for access.
- Helping your clients provide for pets in estate plans, Mass. Bar Association, 2006.
Detailed information on things to consider and appropriate documents.
- IRAs, 401(k)s and other retirement plans: taking your money out, Nolo, 2019
Includes information on early distributions, periodic payments, types of retirement plans, and more. Requires free library card for access.
- Massachusetts probate: an overview, Nolo.com
"Recently enacted laws make probate in Massachusetts simpler."
- Massachusetts uniform probate code: a new law effecting inheritance, wills, trusts and estate administration, Douglas Peterson, 2013.
Helpful information on surviving spouses, spousal share, and disinheriting children under the new law.
- Mom's guide to wills and estate planning, Nolo, 2009
"Provides practical, straightforward recommendations on estate planning options and provides a solid plan that every family can find the time to follow." Requires free library card for access.
- Plan your estate, Nolo, 2020
Includes information on beneficiaries, wills, avoiding probate, living trusts, life insurance, and more. Requires free library card for access.
- Saving the family cottage: a guide to succession planning for your cottage, cabin, camp or vacation home, Nolo, 2017.
"We’ll show you how to use the limited liability company to achieve your family’s goals for the cottage, outlining techniques for management and power sharing, scheduling, financing, graceful exits, and successful transfers that minimize federal taxes." Requires free library card for access.
Wills and estates administration
- Ajemian v. Yahoo!, 478 Mass. 169 (2017)
The "Stored Communications Act (SCA), 18 U.S.C. §§ 2701 et seq., does not prohibit... Yahoo from disclosing to the personal representatives of an estate the electronic mail (e-mail) messages in the decedent's account."
- 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, 2018
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 free library card for access.
- Get a copy of a will, Mass. Court System
Find out what the process is for requesting and receiving a copy of a will
- MUPC estate administration procedural guide, Administrative Office of the Probate and Family Court, 2016.
This in-depth 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."
- Procedural advisory on estate administration matters, Probate and Family Court Department, October 26, 2012
Provides a general summary of changes to the MUPC as a result of St.2012, c.140, signed July 8, 2012. Forms are included in the court's main Wills, estates and trusts forms page.
- Quick and legal will book, Nolo, 2020
This book provides fill-in-the-blank forms and instructions for making a basic will. Requires free library card for access.
Intestacy (dying without a will)
- 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.
- Degrees of kinship chart, Mass. Probate and Family Court.
- Digital assets and intestacy, BU J. Sci. & Tech. L. (2015)
Discusses the current state of the law regarding digital assets, and argues that "legislation is needed to authorize legal ways of managing these assets and to clarify the rights of heirs to access such assets."
- Intestate succession in Massachusetts. Nolo.com
What happens if you die without a will? "If you die without a will in Massachusetts, your assets will go to your closest relatives under state 'intestate succession' laws. Here are some details about how intestate succession works in Massachusetts."
Complete guide to planning your estate in Massachusetts, Atlantic Publishing, 2011.
Drafting wills and trusts in Massachusetts, 4th ed., MCLE, loose-leaf.
Estate planning for the aging or incapacitated client in Massachusetts, 4th ed., MCLE, loose-leaf.
Massachusetts estate planning, will drafting and estate administration forms: practice, 2nd ed., Lexis, loose-leaf. Includes samples of simple wills.
Massachusetts probate manual, 4th ed., MCLE, loose-leaf.
The new MUPC is here... and now, MCLE, 2012.
Newhall's settlement of estates and fiduciary law in Massachusetts, 5th ed., with supplement.
Planning for the vacation home, MCLE, 2014.
A practical guide to estate planning in Massachusetts, 4th ed., MCLE, loose-leaf.
Probate issues resolved under the MUPC: answers to the informal probate process, at last!, Mass. Bar Institute, 2013.
Trials and tribulations of estate administration under the MUPC, Suffolk University Law School, 2012.
|Last updated:||August 12, 2020|