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Massachusetts Uniform Counsel Certification Form - Revised July 2007

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Massachusetts
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MA-SKU-0098
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Description

Uniform Counsel Certification Form - Revised July 2007

The Massachusetts Uniform Counsel Certification Form — Revised July 2007 is a document used by attorneys in the state of Massachusetts when representing a client in a legal matter. This form certifies that the attorney is qualified to practice law in the state of Massachusetts and has met any necessary requirements for the particular legal matter. It also certifies that the attorney has consulted with the client on the legal matter, has no adverse interest in the matter, and has not been disbarred or suspended from practicing law in Massachusetts. There are two types of Massachusetts Uniform Counsel Certification Form — Revised July 2007: the original form, and the revised form. The revised form includes additional requirements such as the attorney's name, address, telephone number, bar license number, and a signature.

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FAQ

Massachusetts does not have what's known as an Affidavit procedure for small estates, but they do have a summary probate procedure. An estate value must be less than $25,000 and have no real property to qualify.

When a personal representative of an estate is undertaking an action pertaining to the estate that he feels may result in personal liability to him if the outcome is not as planned, the personal representative may file a Petition for Instructions from the court seeking approval for his actions.

A petition for instructions must address a present issue. It cannot request direction on a future duty, hypothetical action or ratification of the fiduciary's past conduct. A petition for instructions is specifically permitted by the Massachusetts Uniform Trust Code (MUTC).

To obtain a conservatorship, an interested person must petition the Probate and Family Court. An interested person must file a Petition for Appointment and a Medical Certificate signed by a licensed professional. The Medical Certificate evaluation must have been complted within 30 days of the filing of the petition.

How to Avoid Probate in Massachusetts Forming a Trust. A trust allows a third party ? the trustee ? to hold assets on behalf of beneficiaries.Joint Tenancy.Making Property Automatically Transfer on Death.Using Pay on Death (POD) Bank Accounts.Setting Up a Life Estate for Real Estate.

The Probate and Family Court Department has jurisdiction over family-related and probate matters, such as divorce, paternity, child support, custody, parenting time, adoption, ending parental rights, abuse prevention, wills, estates, trusts, guardianships, conservatorships, and name changes. The court has 14 divisions.

Is there a deadline to probate an estate? The general rule is that an estate has to be probated within 3 years of when the decedent died. However, this deadline doesn't apply to: A voluntary administration.

When the probate court appoints a personal representative, it issues a document called ?Letters of Authority.? This document is proof of the personal representative's legal authority to collect and manage estate property. The personal representative is entitled to collect a fee for the work performed for the estate.

More info

Certification that attorney discussed alternatives to litigation with clients. Form CCF, revised July 2007.Form number CJD99, revised July 2007. Use the latest version of Acrobat Reader to fill PDF forms. Out-of-State Lawyers – When Allowed to Participate in a Case Pro Hac Vice - Effective July 1, 2007. This 2023 edition of the Practice Book contains amendments to the. Rules of Professional Conduct, the Superior Court Rules and the Rules of Appellate Procedure. SCAO-Approved Forms for Use in Probate Court. Title. Authorization to Release Will Held for Safekeeping. 35 amended effective January 1, 2016; adopted effective January 1, 2007.

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Massachusetts Uniform Counsel Certification Form - Revised July 2007