Massachusetts Questions & Answers by Practice Area

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Massachusetts Questions & Answers

Q: I have twu DWI's but haven't had a license in ten years, can I get my license back without getting a breathalyzer instal

1 Answer | Asked in DUI / DWI for Massachusetts on Aug 24, 2014

Answered on Aug 26, 2014

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David Nelson Jolly's answer
Getting your license back depends on a number of factors that I am not aware of at this point in time. The thing to do is confirm with your local DMV/DOL why your license is suspended or, alternatively, what is needed to reinstate your privilege to drive. Many States will require you to install an ignition interlock device for a period of time if you want to drive but will permit the driver to not install the device so long as he/she is not driving. However, many States now require you to...

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Q: I am deeply concerned about what appear to be serious improprieties with my mother's estate. She has alzheimers and is

1 Answer | Asked in Probate for Massachusetts on Jul 12, 2014

Answered on Jul 13, 2014

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Charles Snyderman's answer
This is too complicated to answer on this site. I recommend that you consult with an attorney where you live.

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Q: My boyfriend had a dog he kept between myself and another woman he dated. I have vet papers and so does she.who can get

1 Answer | Asked in Animal / Dog Law for Massachusetts on May 19, 2014

Answered on May 19, 2014

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Charles Snyderman's answer
In Rhode Island, if a dog's certification of registration is in the name of one person, there's a presumption that that person is the owner. That presumption can, in some cases, be overcome by other evidence. For example, there might be evidence of a gift. Other factors are ownership of the mother, possession, and control. I cannot imagine the attorney general making the ultimate decision. That is why there are courts.

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Q: I own the registered trademark #78284503 Fairway Franks. Someone is selling a domain with that name. Legal or not?

1 Answer | Asked in Intellectual Property for Massachusetts on Sep 1, 2012

Answered on Feb 26, 2014

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Mr. Ilya Libenzon's answer
it would be illegal if the owner of that domain uses it in connection with products/services similar to those in connection with which you registered your trademark; selling a domain with that name is not illegal per se

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Q: Is it copyright infringement to publish a website that does almost the same thing as a current site?

1 Answer | Asked in Intellectual Property for Massachusetts on Aug 23, 2012

Answered on Feb 26, 2014

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Mr. Ilya Libenzon's answer
it is not a copyright infringement as long as you use your own original language/text to describe the functionality; it may, however, constitute a patent infringement if the functionality is patented by the owner of that website

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Q: What can I do once I have realized that I have written about my 'invention' on my blog - describing it.

1 Answer | Asked in Patents for Massachusetts on Mar 9, 2013

Answered on Feb 26, 2014

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Mr. Ilya Libenzon's answer
You need to contact a patent attorney to determine if you can move forward with patenting your invention. That would depend on the scope of your blog post disclosure as compared with your invention. I would be glad to help you with your patent needs.

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Q: I want to get a trademark in the USA. What is involved?

1 Answer | Asked in Intellectual Property for Massachusetts on Oct 10, 2012

Answered on Feb 26, 2014

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Mr. Ilya Libenzon's answer
It would involve conducting a trademark clearance search to make sure your trademark is available for registration. Then you would need to prepare and file a trademark application at the United States Patent and Trademark Office. I would recommend contacting an intellectual property attorney who can help you with your trademark needs. I would be glad to help you as well.

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Q: Are there copyright laws around making video tutorials about how to use Microsoft office? I can't find any info on it

1 Answer | Asked in Intellectual Property for Massachusetts on Dec 7, 2012

Answered on Feb 26, 2014

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Mr. Ilya Libenzon's answer
When you create a video tutorial, you will get a copyright protection immediately upon creation of the work; you can register it with a copyright office.

One thing that you should be careful about is using the Microsoft or Microsoft office trademarks when advertising your services or products. You can contact me at your convenience for a consultation on this issue.

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Q: How can i copyright my stage name?

1 Answer | Asked in Intellectual Property for Massachusetts on Jan 3, 2014

Answered on Feb 26, 2014

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Mr. Ilya Libenzon's answer
You can federally register a trademark for your stage name in connection with services and/or products that you provide/offer. You can contact me for a free consultation with regard to trademarking your stage name.

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Q: Need Free legal aid re:bankruptcyWe have a combined debt of apprx. 95K in c.card debt only. We used balance transfer

1 Answer | Asked in Bankruptcy for Massachusetts on Apr 4, 2013

Answered on Feb 3, 2014

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Andrew Bresalier's answer
A: Fees vary case to case based upon the amount of work required. Chapter 7 cases generally start at $1,500 for an experienced Bky atty. Chapter 13 cases start at about $2,500. Some attorneys, like myself offer specials and discounts. The Filing fee for a Chapter 7 is $306, for a 13 it is $281. If you cannot afford such a fee, you should speak with your respective county's bar association about a Pro Bono program.

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Q: Where can I find bankkruptcy filings for Springfield,Ma

1 Answer | Asked in Bankruptcy for Massachusetts on Jan 5, 2014

Answered on Feb 3, 2014

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Andrew Bresalier's answer
Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents.

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Q: I owed taxes in 2011 i payed them in 2013 the state of mass.keeps sending me a bill even though they agreed it is payed

1 Answer | Asked in Tax Law for Massachusetts on Jan 11, 2014

Answered on Jan 30, 2014

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Jennifer Long's answer
I would encourage you to contact MA and see what your liability was for 2011, what payments were applied for that year, and what (if any) balance remains.

You may owe for other years, or you many be getting billed for interest and penalties that have accrued. It is difficult to say without knowing more about your situation.

Depending on the amount of your bill and complexity of your situation, I would encourage you to contact a tax professional to get an answer that is more...

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Q: I would like to appeal a district court judgment. What should I do?

1 Answer | Asked in Appeals / Appellate Law for Massachusetts on Nov 4, 2013

Answered on Dec 18, 2013

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Attorney Timothy Alan Provis' answer
You must file a Notice of Appeal with the clerk of the state district court no more than 30 days after the entry (filing) of the judgment against you. I cannot urge you too strongly to consult an experienced appeals attorney about this.

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Q: How do I find out if I was left an inheritance and how long does it normally take to receive it

1 Answer | Asked in Estate Planning for Massachusetts on Oct 25, 2013

Answered on Nov 15, 2013

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Zaher Fallahi's answer
You must have a reason to believe that you were an heir in a will or a beneficiary of a trust. If the testator ( will maker ), trustor or settelor is dead, try to locate the lawyer who may have drafted the will or trust. Then, find any potential witnesses who may have acted as the required witnesses and have knowledge to lead you in the right direction. Or, anyone who may provide you with any clue in your search. Good luck.

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Q: My father gave me and my sister his house before he died do we have to pay capital gains if we sell it

1 Answer | Asked in Tax Law for Massachusetts on Apr 13, 2013

Answered on May 18, 2013

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Smilie Gregg Rogers Esq's answer
Property transferred by gift usually require the recipient to use the Donor's income tax basis. That carryover basis results in the preservation of built in capital gains. Had your father devised the property to you and your sister at death, you likely would have received a basis reflecting the properties then fair market value.

Whether or not you now have to pay capital gains on the sale depends on 1) your carryover basis; 2) the amount of capital improvements made; 3) the amount you...

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Q: How can I remove the nonbiological father from a birth certificate?

1 Answer | Asked in Family Law for Massachusetts on May 3, 2013

Answered on May 6, 2013

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James J Bagley's answer
You should speak with the state office of Family Services or Child Support Services. I am not saying you need either of their help, but they are familiar with the specific processes of amending and updating birth certificates and they should be able to steer you in the right direction.

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Q: If I have a blanket child support which will end in 2014 when my younger son will turn 18, should I be worried?

1 Answer | Asked in Divorce for Massachusetts on Oct 9, 2012

Answered on May 1, 2013

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James J Bagley's answer
What are you worried about? When your son turns 18 the non-custodial parent no longer has to pay support to the custodial parent. Are you custodial or non-custodial?

In a situation where a child has disabilities support may be continued further than that. I'd need more information from you in order to determine what you might be worrying about.

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Q: If a divorce decree states the child can be claimed on Odd years does that mean tax year or filing year

1 Answer | Asked in Divorce for Massachusetts on Apr 8, 2013

Answered on May 1, 2013

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James J Bagley's answer
Ir probably means tax year. IE- 2013, 2015, etc. If you are unsure you may want to speak with the attorney who drafted the decree prior to it being entered as an order.

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Q: I want a divorce, what are the steps that I should follow.

1 Answer | Asked in Divorce for Massachusetts on Apr 15, 2013

Answered on Apr 23, 2013

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James J Bagley's answer
Contact an attorney or go to your local courts clerk's office. The clerks are not allowed to give you legal advice but they can point you towards the right paperwork. However, if there are children, real estate or significant assets involved then I highly suggest you contact an attorney.

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