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05.20.11

Probate and Digital Assets

Posted in Probate at 4:51 pm by Mark Leahy

After you pass to your great reward can your personal representative reach your digital assets? Some internet providers make this difficult by maintaining that the digital content of your online account belongs to them and that only the subscriber has authorized access. This is particularly difficult if the family doesn’t have usernames or passwords. Senate Bill 754 would authorize a personal representative to access the contents of an email account and remedies for failure to comply. However the bill does not address other common internet accounts, such as social media or even digital assets such as PayPal accounts. It also does not address activities like posthumous messaging or maintaining a site as an online memorial.  A good introduction to this issue can be found in Your Digital Afterlife by Evan Carroll and John Romano.

Hearing on Uniform Trust Code

Posted in General, Probate at 4:29 pm by Mark Leahy

The Judiciary Committee heard testimony from the proponents of the Uniform Trust Code on May 19. The UTC would replace Article VII of the MUPC with a much more extensive codification of trust law in Massachusetts. Senate Bill 688 may be found at http://www.malegislature.gov/Bills/187/Senate/S00688. The UTC has been adopted in 21 states already. The bill includes provisions for pet trusts. It is supported by both the Massachusetts and Boston Bar Associations.

Judiciary Hearing on Technical Changes

Posted in General, Guardianship, Probate at 4:14 pm by Mark Leahy

On May 19 the Joint Senate and House Committee on the Judiciary held a hearing on, amongst many matters concerning the Probate and Family Court, Senate Bill 704 which sets forth a number of technical changes to the Massachusetts Uniform Probate Code.  Included with the purely technical changes are provisions expanding the exceptions allowing probate after 3 years following death and also the extension of  sharing “per capita at each generation” on distributions to rules of construction as well as the rules of intestacy. Also included is the authority for a guardian to authorize a short term nursing home placement if the incapacitated person and family do not object, the person is represented by counsel or counsel is appointed and the medical certificate recommends placement. It also expands the number of medical professionals who may sign medical certificates in protective proceedings. The full text of the bill and explanation are available in the side bar. Chief Justice Carey testified to the need for these changes to be in place when the Code becomes fully effective in January 2012.