http://www.massprobatecode.com Massachusetts Uniform Probate Code Fri, 30 Dec 2011 00:18:19 +0000 http://backend.userland.com/rss092 en The Massachusetts House and Senate have voted to delay the implementation of the second phase of the MUPC until March 31, 2012. Governor Patrick will sign the bill on December 30. Technical changes to the MUPC and the Uniform Trust Code will wait as well. New probate forms had been ... http://www.massprobatecode.com/2011/12/27/mupc-delayed/ Surprisingly, the topic which garnered the most interest at a recent seminar at Suffolk Law School was the personal representative's power to direct the funeral of a decedent. Code section 3-701 permits a personal representative to "carry out written instructions relating to the decedent's body, funeral and burial arrangements." This ... http://www.massprobatecode.com/2011/12/10/funeral-instructions/ 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 ... http://www.massprobatecode.com/2011/10/31/mupc-supplemental-notice/ 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 ... http://www.massprobatecode.com/2011/10/28/family-allowances/ 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 ... http://www.massprobatecode.com/2011/10/28/devolution-of-title/ 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 ... http://www.massprobatecode.com/2011/10/11/deeds-of-distribution/ I hesitate to publish my handy cross reference tables between Code and old or related General Laws.  I built them years ago while it was easy, as we worked our way through the Code. But they haven't been vetted, so their accuracy is suspect. Since the few I've shared these ... http://www.massprobatecode.com/2011/09/25/cross-reference-tables/ The Probate and Family Court will soon issue a Transitional Rule to govern how estates and testamentary trusts filed and opened before the effective date of the MUPC will be treated after the effective date.  See a link to the Rule in the side bar. Of particular interest is that ... http://www.massprobatecode.com/2011/09/19/probate-court-to-issue-transitional-rule/ The Probate and Family Court has posted many revised and a few new guardianship and conservatorship forms on its website. They include a new Motion for Temporary Conservator and revised Petitions to Expand/Modify/Limit Powers and Petitions to Remove/Terminate/Resign.  The forms can be saved and printed in Adobe Reader and can ... http://www.massprobatecode.com/2011/06/02/new-and-revised-guardian-forms/ 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 ... http://www.massprobatecode.com/2011/05/20/probate-and-digital-assets/