Tag Archives: Probate

Why not try a Postnup?

Happy belated Fourth of July, everyone!  I hope everyone enjoyed their day off and the beautiful weather!

Now on to more newsworthy matters…

You frequently hear about pre-nuptial agreements in marriages, but there is a growing trend of post-nuptial agreements.  CNBC and the Today Show recently publicized an article about postnups available here.  The article specifically states: 

Couples consider “postnups for three main reasons: They ran out of time to put together a prenup, they are trying to give their marriage a last chance or one party receives a large gift or inheritance, such as a family vacation home, with strings attached.

Sometimes a postnup winds up simply making a divorce agreement easier to reach. Rupert Murdoch and his wife, Wendi, signed a postnup after each of their two daughters was born, so the courts will decide how those might apply.

Kelley Holland, the author of the article, goes further to imply that the use of postnups will go up due to the recent changes with DOMA.  

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Housing, Land, Probate Court Dockets Available Online

Almost as if it happened overnight, Massachusetts Housing Court, Land Court, and Probate Court dockets are now available online.  Check it out at this website: http://www.masscourts.org/

The online resource is especially helpful for checking client case file schedules.  However, to access the actual physical filings you will have to go to the courthouse because the contents of the files are not available online.

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Massachusetts Uniform Probate Code Delay

Originally, the Massachusetts Uniform Probate Code (UPC) was scheduled to go into effect on January 2, 2012.  Recently, Governor Deval Patrick signed a bill which extends the Massachusetts UPC  implementation date to March 31, 2012.  The Massachusetts UPC is delayed by ninety (90) days.

To access the new forms, go to the Probate and Family Court Department’s website here.  To read the official press release, click here.    The amended Standing Order is available here.

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Holiday Helping Roundup

I hope you all are enjoying a couple days off from work! May the time you spend with your family and friend be as stress-free as possible. I am sorry about the twelve or so days of posting silence. But, I wanted to post a Holiday Helping Roundup which is a quick bite of legal news on a broad spectrum of issues.

– This website provides a listing of CLE requirements per state and extra information on fulfilling those requirements.

– Last month, the Federal Trade Commission (FTC) was investigating Facebook for their privacy practices on the social networking site. On November 29, 2011, the FTC and Facebook reached a settlement that resolved the investigation. Read more about the settlement in the official FTC press release.

The American Bar Association released a statement summarizing the controversy: “Facebook has agreed to settle Federal Trade Commission charges that it deceived consumers by telling them they could keep their information on Facebook private, and then repeatedly allowing it to be shared and made public. The proposed settlement requires Facebook to take several steps to give consumers clear and prominent notice and to obtain consumers’ express consent before their information is shared beyond the privacy settings they have established.

– The Massachusetts Uniform Probate Code was scheduled to go in effect on January 2, 2012.  However, on December 22, 2011, the Massachusetts House passed a bill extending the effective date of the Massachusetts Uniform Probate Code.  The new changes may not go into effect until March 31, 2012.  The bill is awaiting action by the Massachusetts Senate.

– The Federal Communications Commission approved AT&T’s acquisition of 700MHz spectrum from Qualcomm for approximately $2 billion.  Here is the order.  Here is the concurring statement.  Here is the dissenting statement.

– AT&T abandoned its acquisition attempt of T-Mobile.  The Department of Justice (DOJ) issued a brief statement regarding the proposed acquisition.  Read the DOJ statement here.   The New York Times wrote an explanation about the initial conflict between the DOJ’s push back and AT&T’s proposed acquisition of T-Mobile and the article is here.

– Last month, the DOJ prevented H&R Block’s proposed merger with TaxACT by taking them to court.  Read the court’s decision here.

Biscuits in Tray

Happy Holidays to all! May you eat a lot of biscuits!

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