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T&E Litigation Newsletter - 10/3/12
Practice: Probate & Fiduciary Litigation
In Sacchetti v. Sacchetti, Case No. 10-P-2200, 2012 Mass. App. Unpub. LEXIS 1000 (Sept. 24, 2012), a decision issued pursuant to Rule 1:28, the Appeals Court addressed cross-appeals from a judgment following the eleven-day trial of a dispute between father and son concerning the father’s assets.

The Time is Now: Making Tax-Free Gifts in 2012
Practice: Private Client & Trust
Gift and generation-skipping transfer tax exemption amounts of $5,120,000 and tax rates of 35% create a unique opportunity to transfer assets to children, grandchildren and other family members with little or no transfer taxes. In 2013, if Congress does not extend or make these exemption amounts and tax rates permanent, the exemptions from gift and GST tax will automatically decrease and the tax rates will rise substantially.

New Foreclosure Procedures in Massachusetts are on the Horizon
Practice: Real Estate
On Friday, August 3, 2012, Governor Patrick signed H4323 – An Act Preventing Unlawful and Unnecessary Foreclosures (the “New Foreclosure Law”) – into law. 

T&E Litigation Newsletter - 8/27/12
Practice: Probate & Fiduciary Litigation
In Bedard v. Corliss, Case Nos. 11-P-2118 & 11-P-2173, 2012 Mass. App. LEXIS 241 (Aug. 23, 2012), the Appeals Court addressed complications arising in the intestate estate of a wife when it was learned that she and her surviving husband had not been validly married.

New Stimulus for Real Estate Development
Practice: Development/Land Use, Real Estate
New Economic Development Act's aim is to encourage real estate growth in the Commonwealth of Massachusetts.

T&E Litigation Update - 8/7/12
Practice: Probate & Fiduciary Litigation
PDFOn August 1, 2012, the State House News Service reported that proposed legislation has been filed to allow “personalities” whose “identity has commercial value” to transfer their right of publicity via will in Massachusetts.

HUD Issues Final Notice for Rental Assistance Demonstration (RAD): Owner Opportunities for Converting Public Housing, Mod Rehab, Rent Supp and RAP Assistance to Project-Based Vouchers
Practice: Affordable Housing & Economic Development, Real Estate
Last November, Congress enacted changes in law that support the U.S. Dept. of Housing and Urban Development’s long-term effort to move towards more “project-basing” of rental subsidies in both certain privately owned assisted apartment buildings and in public housing developments.

Project Approvals Get Longer Shelf Life in Massachusetts
Practice: Development/Land Use, Real Estate
The Economic Growth Act, which the state legislature recently passed and the Governor is expected to sign, will further extend the validity of state and local permits by amending the Permit Extension Act of 2010.

Emails May Satisfy Statute of Frauds. Judicial Developments & Practical Precautions
Practice: Real Estate
In a current Massachusetts case (Feldberg v. Coxall, Middlesex Superior Court, CA No.12-1649-A), the judge ruled that an exchange of emails alone might satisfy the Statute of Frauds and suffice to create a binding purchase and sale agreement for the sale of real estate. 

T&E Litigation Newsletter - 7/31/12
Practice: Probate & Fiduciary Litigation
Most significantly, with Governor Patrick’s signature on July 8, 2012, the MUTC finally became the law of the Commonwealth. The legislation also made certain technical corrections to the MUPC and amended the Probate Court’s fee schedule.
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