Massachusetts Law About Wills and Estates
Massachusetts Laws
Uniform Probate Code
Uniform Probate Code, MGL c.190B. 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.190 Descent and distribution of real and personal property
- MGL c.193 Appointment of Administrators
With a Will
- MGL c.191 Wills
- MGL c.191B Uniform Statutory Will Act
- MGL c.192 Probate of Wills and Appointment of Executors
Forms
Other Web Sources
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.
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 [January 2, 2012], as well as pertinent information regarding the guardianship provisions of Article V of the Code."
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.
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.
Print Sources
Drafting Estate Plans Under the new MUPC, MCLE, 2011.
Drafting the Simple Will, Mass. Bar Institute, 2008.
Drafting Wills and Trusts in Massachusetts, MCLE, loose-leaf.
Massachusetts Estate Planning, Will Drafting and Estate Administration Forms: Practice, Lexis, Loose-leaf.
The New Massachusetts Uniform Probate Code, MCLE, 2011.
The New MUPC for Paralegals, MCLE, 2011.