Probate Bill and State Budget Get Go Ahead from Gov

As the formal session winds down (ending July 31st), the Governor last weekend signed into law two major bills the BBA has been tracking: An Act further regulating the Probate Code and establishing a Trust Code and the State Budget for FY2013.  Here’s a quick snapshot of these pieces of legislation:

Probate Code and Trust Code

The Massachusetts Uniform Trust Code (MUTC), corrections to the Massachusetts Uniform Probate Code (MUPC) and a revised fee schedule for the Probate Court represent a major victory for trusts and estates attorneys, the probate bench and the public.  These measures became effective immediately and will provide greater clarity and predictability for attorneys and clients.

The MUTC, now known as Chapter 140 of the Acts of 2012, codifies the laws of trusts and makes them more accessible and easier to understand.  With the passage of the MUTC, Massachusetts becomes the 24th state to have adopted the Uniform Trust Code (the District of Columbia also has the UTC).

The technical changes to the MUPC are intended to make the time-saving and efficiency of proceedings available to more estates.  Other sections of the legislation make corrections to the guardianship provisions of the MUPC to promote availability of medical information to the Court and to add flexibility for the Court to authorize guardians to place incapacitated person in nursing homes.

The revised fee schedule includes updated references to many actions and pleadings that are already being used under the MUPC.  Of specific importance are the revised fees for the first bond and first letter.  Under the revised fee schedule, there is no separate charge for the initial appointment bond of the fiduciary, or for the issuance of the first letter.

For additional information, check out this blog post drafted by the BBA Trusts and Estates section.  The Probate & Family Court also provides regular updates on its MUPC hub page.

State Budget

Governor Patrick has signed the FY13 state budget after taking the full 10 days allowed for reviewing the spending plan produced by the Legislature.  For the first 8 days of FY2013, the Commonwealth was operating on a temporary $1.25 billion interim budget.

The FY13 budget has huge implications for the welfare system, immigration status verifications and other policy areas.  As we’ve noted in this space in previous posts, the BBA took great interest in a few select line items:

  • The Massachusetts Legal Assistance Corporation (MLAC) received $12 million in funding.  While this figure falls short of the original request of $14.5 million, it will allow MLAC to continue providing legal services at its current level and to avoid MLAC needing to make further cuts to the organizations that it funds.
  • The Trial Court received $550,977,000 for FY13.  Governor Patrick did veto $10 million from the line item reserved for Probation.  The Governor noted that he believes the new figure meets the projected responsibilities and caseloads.  The Trial Court plans to ask the Legislature to override the Governor’s $10 million veto from Probation’s line item.

-Government Relations Department
Boston Bar Association
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