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10.31.11

MUPC Supplemental Notice

Posted in Probate at 8:47 am by Mark Leahy

MUPC Informal accounting  and closing options will not be available to estates and testamentary trusts which have bonds outstanding which were filed under the old law. Only the new MUPC bond filed after 1/2/2012 will enable executors, administrators, personal representative and trustees the option of sending inventories and accounts to beneficiaries and not filing with the Court. This is because the conditions of the old bonds required filing with the Court.

Newly appointed fiduciaries should plan ahead to be able file the new bond, especially if a Citation’s return date is after the effective date of the MUPC. This could be done if a MUPC Supplemental Notice (MPC 591) is served and published in the same manner as the Citation issued in the case. For the notice form and instructions go to: http://www.mass.gov/courts/courtsandjudges/courts/probateandfamilycourt/mupcforms.html#transitional

Older estates and testamentary trusts which wish to make informal reporting and closing options available, may have to petition to modify the bond by substituting a new bond.

10.28.11

Family Allowances

Posted in Probate at 9:43 pm by Mark Leahy

Personal Representatives in Massachusetts have authority to pay to a widow(er) and children up to $18,000 free of claims in the year after death. 2-403 The Probate Court may alter the amount of the allowance and, if the estate is solvent, extend the payments during the period of administration even beyond the 1 year limitation on claims by creditors. 2-402, Matter of Dandrea’s Estate, 40 Colo.App. 547, 577 P.2d 1112 (Colo.App. 1978) Thanks to Jennifer R-U for getting me to focus on this issue.

Devolution of Title

Posted in Probate at 9:16 pm by Mark Leahy

Real estate and personal property devolve to devisees under a probated Will, if any, otherwise to a decedent’s heirs. The descent of property is effective as of the time of death, though the identity of the devisees or heirs may not be established until a later time. 3-101 If there is no probated Will, must the heirs be established by a determination of heirs by a probate court? Actually no, persons entitled to property may establish title by proof of their relationship. 3-901 While a decree of the Probate and Family Court may be the best method, proof may be by other means. Petition of Beachside I Homeowners Association, No. A11-180, Court of Appeals of Minnesota, July 18, 2011.

There is no time limit for the determination of heirs by the Court as there is for the probate of a Will. 3-108  Note that under the former Massachusetts procedure, decrees appointing administrators of intestate estates did not include an actual determination of heirs. One could assume those listed in an uncontested petition are the heirs by virtue of a conveyancer’s standard.  Under the MUPC any formal probate or appointment proceeding must include a determination of heirs, even if all probate property passes by Will. 3-409 In addition, heirs may be determined as part of a formal closing procedure. 3-1001 Thanks to Evelyn P for pointing me in the right direction.

10.11.11

Deeds of Distribution

Posted in Probate at 2:56 pm by Mark Leahy

Under the new MUPC a probated will or an appointment of a personal representative (PR) in intestacy confers authority on a formally or informally appointed PR to administer and distribute estate assets. (3-703) The PR may distribute in cash or in kind, but if in kind the PR should sign an instrument or deed of distribution assigning, transferring or releasing the asset to the heirs or devisees as evidence of their title. (3-907) The instrument or deed is conclusive evidence that they have succeeded to the interest of the estate against all persons interested in the estate. (3-908) Though rarely used in prior Massachusetts probate practice, deeds of distribution may become commonplace.