Providing education ranging from fundamental skills to the latest legislative changes

MUPC Amendments as of October 2012: What to take away

Monday, November 26, 2012
By Tamara L. Sturges, Esq., Pathway Law LLC

Chapter 140 of the Acts of 2012 made a number of changes to M. G. L. c 190B, the MUPC. These changes have been outlined below. In addition to the changes in the law a number of forms have been updated and a few new forms have been promulgated. For more information on the changes and to view the new and amended forms please visit the MUPC HUB page (here).

Amendment to Section 1-404 [Guardian ad Litem and Next Friend]: In both informal and formal proceedings a GAL is not mandatory if the petitioner is also the conservator of a spouse, heir at law or devisee who is an incapacitated, protected person or minor.

Amendment to Section 3-108, subsection (4) [Probate, Testacy and Appointment Proceedings; Ultimate Time Limit]:
As an exception to the 3 year rule a PR may be informally or formally appointed (if intestate) or formally (if testate) at any time, but the PR will have no authority to possess or distribute property beyond what is necessary to confirm title and pay expenses of administration.

Addition to Section 3-108, NEW subsection (5) [Probate, Testacy and Appointment Proceedings; Ultimate Time Limit
]: As an exception to the 3 year rule a formal probate of a will may be opened for the sole purpose of establishing an instrument to direct or control the ownership of property, for example a clause in will exercising a power of appointment granted in a trust.

Amendment to Section 3-301 [Informal Probate or Appointment Proceedings; Petition; Contents.]
: The petition to appoint a successor PR must state the priority of the nominee not the petitioner. (Forms MPC 255 and MPC 760 have been revised).

Adoption of Section 3-610 [Resignation by Personal Representative]
: A PR may resign by giving 15 days written notice to known interested persons and then by filing a written statement of resignation with the court. However, the resignation shall have no effect unless a successor PR is appointed within the time indicated in the notice AND the resigning PR has delivered estate assets to the appointed successor. (Form MPC 264 has been revised).

Addition to Section 3-617, NEW subsection (c) [Special Personal Representative; Formal Proceedings; Power and Duties.]
: Unless otherwise ordered by the court, the authority of a PR is extinguished for the period of time that a special PR has authority.

Addition to Section 3-706, NEW subsection (b) [Duty of Personal Representative; Inventory and Appraisement.]
: A successor PR must prepare an inventory 3 months after his/her appointment with values as of the date of the PR’s appointment (NOT the date of death). There is no filing requirement. If the successor PR chooses to file an inventory (Form MPC 854) with the court he/she should check the “other” box on page 1 to indicate that the inventory is being filed by a successor PR.

Addition to section 3-715, NEW subsection 23 ½ [Transactions Authorized for Personal Representatives; Exceptions.]
: A formally or informally appointed PR has authority to sell real estate without a license to sell provided there is a power of sale in the will. Inversely a license is required where there is no will or no power of sale. To date REBA has yet not revised title standards and may still require a license to sell for an informal probate.

To view the original post on the Trusts & Estates Section blog, click here.

Trusts & Estates Committees

  • Ad Hoc Spousal Elective Share Committee
    Ad Hoc Spousal Elective Share Committee

    Contact Information

    Deborah J. Manus

    Nutter McClennen & Fish LLP

    (617) 439-2637

    Colin M. Korzec

    U.S Trust Corporation

    (617) 365-2724

  • Elder Law and Disability Planning Committee
    This committee addresses a variety of legal matters generally associated with elder clients, disabled clients and clients with disabled dependents. Areas covered include basic and sophisticated estate planning, Medicaid planning, disability, SSI, special needs and long-term care planning, guardianship and conservatorship.

    Contact Information

    Michael A. Stankavish

    North Shore Elder Law & Estate Planning

    (781) 979 9050

    Michael Couture

    Winston Law Group

  • Estate Planning Committee
    This committee provides a forum to exchange tax-planning ideas and discuss common problems among lawyers specializing in estate planning.

    Contact Information

    Andrew D. Rothstein

    Goulston & Storrs, PC

    (617) 574-4089

    Kelly A. Aylward

    Tarlow, Breed, Hart & Rodgers, PC

    (617) 218-2038

  • Fiduciary Litigation Committee
    This committee focuses on a range of litigation matters involving trusts and estates. Areas covered include will and trust contests, disputes over the distribution of trust assets, instrument interpretation, trust modifications and accounting actions.

    Contact Information

    Jennifer Locke

    Goodwin Procter LLP

    (617) 570-1152

    Arthur W. Young

    U.S. Trust, Bank of America Private Wealth Management

  • New Developments Committee
    This group of lawyers works to track developments in trusts & estates law.

    Contact Information

    Jaclyn S. O'Leary

    Day Pitney LLP

    (617) 345-4682

    William K. Moran

    Bass, Doherty & Finks, PC

    (617) 783-0493

  • Practice Fundamentals Committee
    A part of the Trusts & Estates Section, the Estate Planning Fundamentals Committee focuses on the fundamentals of trusts and estates practice. Its monthly meetings typically feature a presentation on topics of interest to new practitioners. The committee welcomes practitioners with all levels of experience, but its activities are most valuable to trusts and estates practitioners with less than five years of experience.

    Contact Information

    Christopher D. Perry

    Northern Trust

    (617) 235-1835

    Jennifer Shingleton Ewing

    Ropes & Gray LLP

    (617) 951-7552

    Jennifer A. Civitella Hilario

    Tarlow, Breed, Hart & Rodgers, PC

    (617) 218-2028

  • Steering Committee
    The leadership committee of the Section organizes programs and discusses policy. To inquire about opportunities, please contact the Section Co-Chairs.
  • Tax Law Update Committee
    The Tax Law Update Committee tracks estate, GST and gift tax law developments throughout the year and presents a summary of those developments twice annually at the Year In Review and Mid-Year Review.

    Contact Information

    Amy R. Lonergan

    Bingham McCutchen LLP

    (617) 951-8822

    Alison Irving Glover

    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo P.C.

    (617) 3481661

  • Trusts & Estates Education Committee
    Help develop relevant and innovative educational sessions led by a diverse group of talented speakers who cover trusts and estates issues.

    Contact Information

    Leiha Macauley

    Day Pitney LLP

    (617) 345-4602

    Stacy K. Mullaney

    Fiduciary Trust Company, Boston

    (617) 549-0339

    Joseph L. Bierwirth

    Hemenway & Barnes LLP

    (617) 557-9728

  • Trusts and Estates Communications Committee
    This committee publishes information relevant to the trusts & estates bar. If you are interested in an editorial position or publishing an article, please contact us.

    Contact Information

    Nikki Marie Oliveira

    Bass, Doherty & Finks, PC

    (617) 787-5551

    Michelle Beth Kalas

    Riemer & Braunstein LLP

    (617) 523-9000

  • Trusts and Estates Public Policy Committee
    The BBA is very active in legislative and regulatory changes. Trusts and Estates attorneys are often asked to lend their expertise.

    Contact Information

    Peter M. Shapland

    Day Pitney LLP

    (617) 345-4766

    Mark E. Swirbalus

    Goulston & Storrs, PC

    (617) 574-4119

  • Trusts and Estates Public Service Committee
    This committee, working in collaboration with the Probate & Family Court and the Massachusetts Bar Association created the Massachusetts Uniform Probate Code Resource Desk. The aim of the Resource Desk is to assist attorneys with understanding the transition to the new Code and how it affects their practice. Volunteers will be providing advice and guidance to the attorneys.

    Contact Information

    Kerry Spindler

    Goulston & Storrs, PC

    (617) 482-1776

    Tamara Sturges

    Law Office of David W. Adams, LLC