Friday, January 16, 2009

Probate Reform After 20 Years

The Massachusetts Bar Association President commended Gov. Deval Patrick for signing into law comprehensive probate reforms that were nearly two decades in the making.

MBA General Counsel and Acting Executive Director Martin W. Healy: “The legislation has been a decades long collaborative effort between the bench and bar reaching out to all areas of the state. We made a tremendous push in the last days of the legislative session, The practice of probate law is complicated even to probate experts. This legislation demystifies and cleans up existing ambiguities dating back hundreds of years.”

Senate Bill Number 2622, An Act Relative to the Uniform Probate Code, would simplify and improve Massachusetts probate and trust law. The new probate code will also reduce needless expense in probate and trust administration, benefiting citizens throughout the commonwealth.

Among the changes are:

• Mandating courts to monitor guardianships and requiring guardians to issue annual reports.

• Shorten to seven days after the date of death (from as long as five months) the length of time it takes to appoint an estate administrator

• In the case of no will, the spouse gets the entire estate if the children are all of the marriage.

• Trustees will be required to notify beneficiaries of accountings and acceptance of appointment.

Full Article and Source:
20 years later, probate reform becomes law


we the people said...

Only 20 years later?

This fact alone is alarming.

Now, the lawyers will be reviewing each and every word of the new laws. And, we can be absolutely certain, loopholes and vague language will be incorporated into the laws by design to ensure that lawyers will have their opportunity to .... make money.

Anonymous said...

This sounds good -- now we'll have to study it to see if it really is.

Anonymous said...

Politicians are good at double speak, spinning what is, into what they want us to believe, some call that the political smokescreen.

Most of the players are lawyers and they measure each word careully, always anticipating an exit strategy, a quick way out.

Anonymous said...

Sounds good but we have seen too many laws written by Attorney/Politicians with vague language and loopholes to benefit the unscrupulous for PROFITEERING.

Obtain a copy of the bill and read it; participate in the Public Hearing and if there is vague language and loopholes DEMAND those Legislators who WROTE and/or AMMENDED the bill to allow profiteering and HOLD them ACCOUNTABLE.

We the PEOPLE do not have to accept continued CORRUPTION from our Government Leadership.

Gather together 'cases' of Guardianship Abuse and send them to the US Department of Justice in Washington, DC also the US Inspector General; request an investigation into your state's Probate Court/Guardianship abuse.

Also, contact the US HHS with copies of these case LET THEM KNOW what is happening to our elderly, disabled, and children: they are being ABUSED financially, emotionally, physically and sexually. DOCUMENT, DOCUMENT, DOCUMENT.

ALWAYS tape record; video ANY meeting, hearing, etc. with these PERPS and send them along to the Federal Agencies.

This is a NATIONAL problem happening in MANY States and WE the PEOPLE can stop it by Standing UP and taking action! Don't play 'their' game; they have YEARS of experience in corruption. Stand by the TRUTH; it is the truth that will set us FREE.

tvfields said...

The Uniform Probate Code, which is cited as the basis for this change in Massachusetts law, is also the basis for the change in Ohio law against which I testified in 2008. The latter weakened an already feeble protection against financial exploitation and could not be for the purpose stated by its sponsor (and the Uniform Probate Code Committee) ...

For more information about the change in Ohio's law, write