The Boston Bar Association and Massachusetts Bar Association released the following announcement earlier today to members:
Today the House passed a bill extending the effective date of the Massachusetts Uniform Probate Code (MUPC) to March 31, 2012. The extension bill awaits action by the Senate. The MUPC was set to go in effect on Jan. 2, 2012.
Still under consideration by the Legislature is a bill establishing a uniform trust code, containing certain technical corrections to the MUPC, and granting the Probate and Family Court statutory authority to collect fees under the MUPC.
Both organizations look forward to continued work with the Legislature and the Court to ensure that these important provisions become law.
A discussion of law and developments in the trusts and estates field.
Call for authors: The BBA Trusts & Estates Secton is seeking Massachusetts attorneys to author articles. If you are interested, please contact the Editors for more information.
Thursday, December 22, 2011
Probate Court Begins to Release MUPC Forms
The Massachusetts Probate and Family Court has begun to publish the new MUPC probate forms on a new page on its website here. At this time, more than thirty forms have been released, including forms for opening an informal probate, opening a formal probate, closing probate, and creating an inventory and accounts. The Court will publish additional MUPC forms as they become available and plans to remove current probate forms (those effective until January 2, 2012) from its website in January 2012.
The Court has also begun to publish certain instructional materials that have been used at recent trainings on its website here.
The Court has also begun to publish certain instructional materials that have been used at recent trainings on its website here.
Monday, December 19, 2011
Massachusetts Uniform Trust Code Passes Senate
Author:
Brad Bedingfield, Esq., Wilmer Cutler Pickering Hale and Dorr LLP
On December 15, 2011, the Massachusetts Senate passed S.2094, a combined bill containing both the Massachusetts Uniform Trust Code and the technical corrections to the Massachusetts Uniform Probate Code formerly in S.704. Section 38 of S.2094 also includes a new probate court fee schedule to correspond with the new rules.
Although the House passed a substantially identical version of the Massachusetts Uniform Trust Code (H.3756) on November 2, 2011, because S.2094 includes the MUPC technical corrections and the fee schedule, it has now been sent back to the House. We will keep you informed of any further developments.
Brad Bedingfield, Esq., Wilmer Cutler Pickering Hale and Dorr LLP
On December 15, 2011, the Massachusetts Senate passed S.2094, a combined bill containing both the Massachusetts Uniform Trust Code and the technical corrections to the Massachusetts Uniform Probate Code formerly in S.704. Section 38 of S.2094 also includes a new probate court fee schedule to correspond with the new rules.
Although the House passed a substantially identical version of the Massachusetts Uniform Trust Code (H.3756) on November 2, 2011, because S.2094 includes the MUPC technical corrections and the fee schedule, it has now been sent back to the House. We will keep you informed of any further developments.
Monday, December 5, 2011
Urgent Alert: We Need Your Help - Massachusetts Uniform Trust Code and Massachusetts Uniform Probate Code Technical Corrections
Author:
Kelly Aylward, Esq., Bove & Langa, P.C.
As discussed here, on November 1, 2011, the Massachusetts Uniform Trust Code (“MUTC”) (now H.3780/S.2034) was passed by the House and was referred to the Senate Ways and Means Committee. The next step is for the Senate Ways and Means Committee to report the bill out for a vote by the Senate. Because the Senate is now in “informal session”, which is only open for the next three weeks, a unanimous vote by the Senate is required for this bill to pass in time to become effective on January 2, 1012 [the date that the trust provisions of the Massachusetts Uniform Probate Code (“MUPC”) become effective]. This is where you can help.
Please contact your representatives in the Senate and urge them to send the MUTC to the Governor’s desk. As discussed here, it is vital that the MUTC pass in time to become effective on the same day as the trust provisions of the MUPC to avoid a scenario whereby courts, practitioners, trustees, and beneficiaries must grapple with multiple disparate bodies of trust law in succession.
In addition, the technical corrections to the MUPC (bill S.704) is still before the Joint Committee on the Judiciary and has not passed the House or the Senate. We ask that you also urge your representatives to encourage the passage of the technical corrections.
As the Boston Bar Association continues to work closely with representatives and senators to encourage the passage of both the MUTC and the technical corrections to the MUPC, we would appreciate your assistance in contacting your representatives and senators to move this process along as quickly as possible. We have attached an updated template letter here for your consideration.
To identify your representatives, and for contact information, please visit here.
Thank you for your continued support.
Kelly Aylward, Esq., Bove & Langa, P.C.
As discussed here, on November 1, 2011, the Massachusetts Uniform Trust Code (“MUTC”) (now H.3780/S.2034) was passed by the House and was referred to the Senate Ways and Means Committee. The next step is for the Senate Ways and Means Committee to report the bill out for a vote by the Senate. Because the Senate is now in “informal session”, which is only open for the next three weeks, a unanimous vote by the Senate is required for this bill to pass in time to become effective on January 2, 1012 [the date that the trust provisions of the Massachusetts Uniform Probate Code (“MUPC”) become effective]. This is where you can help.
Please contact your representatives in the Senate and urge them to send the MUTC to the Governor’s desk. As discussed here, it is vital that the MUTC pass in time to become effective on the same day as the trust provisions of the MUPC to avoid a scenario whereby courts, practitioners, trustees, and beneficiaries must grapple with multiple disparate bodies of trust law in succession.
In addition, the technical corrections to the MUPC (bill S.704) is still before the Joint Committee on the Judiciary and has not passed the House or the Senate. We ask that you also urge your representatives to encourage the passage of the technical corrections.
As the Boston Bar Association continues to work closely with representatives and senators to encourage the passage of both the MUTC and the technical corrections to the MUPC, we would appreciate your assistance in contacting your representatives and senators to move this process along as quickly as possible. We have attached an updated template letter here for your consideration.
To identify your representatives, and for contact information, please visit here.
Thank you for your continued support.
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