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Seminar Announcement

Implementation of the New Massachusetts Uniform Probate Code & Update on Federal Estate Tax Rules.

Baker, Braverman & Barbadoro PC attorneys Christopher J. Sullivan and Peter C. Herbst Jr. will be presenting at the April 26, 2011 meeting of the Norfolk and Plymouth Estate and Business Planning Council. Their seminar will cover two of the major changes in the estate planning community. First, the implementation of the Massachusetts Uniform Probate Code for decedent's estates will begin early in 2011. Practitioners should be aware of these coming changes. Second, the Tax Relief Act of 2010 made significant changes to the exemptions available under the gift and estate tax regimes. This temporary legislation, ending December 31, 2012, has many planning opportunities. A full outline of the presentation may be found below.

People interested in attending should download the registration form here.

Outline

    Implementation of the New Massachusetts Uniform Probate Code
  • The dual goals of the Massachusetts Uniform Probate Code (MUPC), effective July 1, 2009, are to offer safeguards for the incapacitated person and efficiency of estate administration
  • In the event of incapacity, how do we handle emergency situations without proper planning including nursing home admissions, MassHealth eligibility, and spend downs.
  • Alternatives to Guardians and Conservators
  • Administration of Decedent's Estates, effective January 1, 2012, includes several significant changes: Estate administration with or without court oversight; Contested Estates Privacy and public disclosure of assets; and Intestate Succession
  • Estate Planning in light of the changes to decedent's estate administration

    Update on Federal Estate Tax
  • Carry over Basis in 2010: can we forget everything we learned about carry over basis?
  • What's an estate planner to do with a $5M exclusion and portability? Do formulae clauses to fully utilize a huge exemption still make sense as a valid expression of testator intent? Can we rely fully on a marital deduction for first spouse followed by a portable exemption?
  • Opportunities for planning that may be unique to 2011 and 2012 if the law changes in 2013; are we afraid of a claw back if exemption levels are less than $5M in the future
  • Income tax planning opportunities for previously funded credit shelter trusts