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Massachusetts Questions & Answers
1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Tax Law for Massachusetts on
Q: Can money be gifted to a irrevocable trust ?

I have 3 questions:

1) Can money be gifted to a irrevocable trust?

If so

2) Is their a maximum amount allowed to be gifted in a certain period e.g like yearly etc?

3) Can a trustee and beneficiary to the same trust also gift money to the same trust?

Thank you

James L. Arrasmith
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answered on Apr 12, 2024

Yes, money can be gifted to an irrevocable trust. However, there are some important considerations and limitations:

1. Gift tax exemption: As of 2024, an individual can gift up to $18,000 per recipient per year without triggering the need to file a gift tax return or pay gift taxes. This is...
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1 Answer | Asked in Contracts, Civil Rights and Collections for Massachusetts on
Q: My case is the defendant admits in a hand writing confession saying that she takes money and she didn't return it.

she gave the confession to the court..now it s been one year I didn't get a solution to my issue ..do I have to address an other court? I have all evidence and preuve in the court ..the defendant own 2 houses under her name. One year now pass the issue still not resolved.do I have to hire a lawyer?

James L. Arrasmith
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answered on Apr 10, 2024

Based on the information you provided, it seems that you have a strong case against the defendant, as she has admitted to taking the money and not returning it in a handwritten confession. However, it is concerning that one year has passed without a resolution to your case.

Given the...
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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Massachusetts on
Q: If I flee d.v. from my husband and leave the home with our son can he call the police on me for kidnapping?

I do have photos of marks and bruises from assaults

over the last few months emailed secretly to a 2nd account but it's escalating and I'm scared for our safety but he's threatening me with police and has threatened my life if I leave with our sob

Brian Waller
Brian Waller
answered on Apr 9, 2024

Your husband could definitely call the police, the question is what the police would do. I would suggest applying for an abuse prevention order, which can be done at the District Court or Probate and Family Court, or you can go to a police station to file a report there and they will assist you by... View More

1 Answer | Asked in Immigration Law, Adoption and Family Law for Massachusetts on
Q: How can I change my sons date of birth on his birth certificate and citizenship papers. He was adopted from Haiti.

we have since received an new birth certificate from vital records in Haiti? Thank you

James L. Arrasmith
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answered on Apr 8, 2024

Official documents like birth certificates and citizenship papers are legal records, and altering them is considered forgery, which is a serious crime.

If your son was adopted from Haiti and you have received a new, official birth certificate from the proper authorities in Haiti, then that...
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1 Answer | Asked in Copyright and Intellectual Property for Massachusetts on
Q: We recently received a copyright violation notice for an image that we purchased 12 years ago, but can't locate records.

The the image is from an American photographer, but the company demanding payment represents a large stock company that we are certain we have never done business with, and we suspect repurchased the image from another company. They are asking removal of the image from our piece, and over $800 fee.... View More

James L. Arrasmith
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answered on Apr 8, 2024

In this situation, it's important to understand your rights and the potential consequences of your actions. Here are a few steps you can consider:

1. Request proof of ownership: Ask the company demanding payment to provide clear evidence that they own the rights to the image in...
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2 Answers | Asked in Employment Law and Immigration Law for Massachusetts on
Q: Hello Can H1b Visa holder work full-time for one employer for 40 hours and part-time for another one for 25 or 20 hours.
James L. Arrasmith
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answered on Apr 7, 2024

No, an H1B visa holder is generally not allowed to work for multiple employers simultaneously. The H1B visa is employer-specific, meaning that it is tied to the sponsoring employer who filed the H1B petition on behalf of the employee.

Key points:

1. H1B visa holders are only...
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2 Answers | Asked in Workers' Compensation for Massachusetts on
Q: Can a tele-health provider based in Texas provider treatment and diagnostic referrals on a WC claim in Indiana?

We have a tele-health provider who does initial triage for employees who sustain an injury. They are based in Texas and the main doctor for this firm is licensed in Indiana but only has a physical location in Texas. Can they provider care for employees injured in Indiana and write prescriptions for... View More

Michael Levin
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Michael Levin
answered on Apr 5, 2024

I agree with Atty. Young. It depends on what Indiana's workers' comp system allows. Generally speaking, even here in Massachusetts, I think it would be allowed, but here in MA you also have the right to see whoever you want. However, some states do dictate who you can seek treatment... View More

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1 Answer | Asked in Identity Theft and Immigration Law for Massachusetts on
Q: I am a DACA recipient. I recently was informed of identy theft of $9999 in the dark web. Am i allowed to apply for uvisa
James L. Arrasmith
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answered on Apr 4, 2024

I understand this is a stressful and concerning situation. As a DACA recipient who has been the victim of identity theft, here are a few important points to keep in mind regarding your legal options:

- U visas are available to victims of certain crimes who have suffered substantial mental...
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1 Answer | Asked in Contracts and Landlord - Tenant for Massachusetts on
Q: Can a landlord threaten to kick me out and haven't sign the lease in the past 30 days without court?

My landlord text me and told me i have to leave the premises ASAP cause my check bounce due to a bill coming out of my bank cause they took two and half weeks to cash the check. The landlord never advise me the lease was not sign and the copy from he company he use doesn't state that he needed... View More

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answered on Mar 31, 2024

Based on the information you've provided, it seems that your landlord is attempting to evict you without following proper legal procedures in Massachusetts. Here are a few key points to consider:

1. Unsigned lease: Even if your landlord hasn't signed the lease, if you have signed...
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1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: What does this indemnity clause exactly mean and is it legal ?

I am a tenant who leases a commercial space and my lease indemnity clause states:

("The LESSEE shall save the LESSOR harmless from all loss and damage occasioned by anything occurring in, on or about the leased premises unless caused by the negligence or misconduct of the... View More

James L. Arrasmith
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answered on Mar 30, 2024

The term "about" in your lease's indemnity clause generally extends the area of responsibility beyond the physical bounds of your leased premises. It could indeed cover areas immediately adjacent to your space, such as the exterior yard you mentioned for disposing of trash or the... View More

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: What does "HUD Repay ONLY Reverse Rent" and "Unapplied Credit" mean? This is in the resident online portal

I rent a townhouse. I am on a payment plan which I fell a bit behind on. I recently sent up a payment. When I looked on the portal I noticed something I have never seen before. "HUD repay only reverse rent" with a -$3,500 next to that. Then next to my most current payment it says,... View More

James L. Arrasmith
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answered on Mar 30, 2024

Understanding these terms on your resident online portal can indeed be confusing and stressful, especially when you're trying to stay on top of your payments. "HUD Repay ONLY Reverse Rent" typically refers to a specific type of adjustment or transaction related to housing subsidies,... View More

1 Answer | Asked in Consumer Law, Criminal Law, Civil Rights and Sexual Harassment for Massachusetts on
Q: my pawn SHOP VERY RECENTLY SEIZED AND SOLD TWENTY OF MY CLASIC GIUITARS. I DID RECIEVE OVERDUE NOTICES

I ALSO HAVE A SERIOUS ISS UE WITH ABUSE FROM ONE OF THEIR EMPLOYEES. I WENT IN THERE .A NUMBER OF TIMES HE TOLD ME THE COMPUTER WAS OVERLOADED WITH MY ACCOUNT. I HAD TO WAIT UP TO FORTY MINUTES FOR THE COMPUTER TO MYTHOLOGICALLY FIX ITSELF. HE WAS LYING. THIS EMPLOYEE IS SO FEROCIOUS I AVOIDE GOING... View More

James L. Arrasmith
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answered on Mar 29, 2024

I'm sorry to hear about the troubles you've had with your pawn shop, including the loss of your classic guitars and the difficult interactions with an employee. It's important to address both the financial and the interpersonal issues you've experienced. Given the overdue... View More

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: Can a sober house owner disclose information to anybody else?
James L. Arrasmith
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answered on Mar 26, 2024

In the context of a sober living environment, confidentiality is critical for the safety and privacy of the residents. Generally, the owner of a sober house is bound by privacy laws and ethical standards which limit the disclosure of personal information about residents. Information can typically... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Massachusetts on
Q: Is making up a "generic original name" more legal than trademark infringement?

Using "made up names that emphasize the quality of a game or movie without using any words related to trademarks" to refer to that game or movie is more legal than trademark infringement, is it? For instance, calling something "High Grossing Movie about a Memorable President:... View More

James L. Arrasmith
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answered on Mar 23, 2024

When dealing with trademarks and references to existing works, it's important to tread carefully. Using "generic original names" to avoid direct mention of a trademarked game or movie can reduce the risk of infringement, but it doesn't make it entirely legal or safe. The concept... View More

1 Answer | Asked in Employment Law, Immigration Law, Tax Law and International Law for Massachusetts on
Q: Can I invest/Trade cryptocurrency with my F1student visa(OPT)status in USA? Need to know legalities!

So I have finished my Masters recently and Started working on OPT. So I wanted to start investing/trading crypto and I still couldn't find proper solutions for my question. if I am allowed to do so, then how many trades/transactions can I do in a day/week. I looking for proper legal guidance... View More

James L. Arrasmith
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answered on Mar 16, 2024

As an F1 student visa holder currently on Optional Practical Training (OPT) in the USA, you are primarily in the country for educational purposes. However, engaging in investment activities, including trading or investing in cryptocurrencies, does not directly conflict with your visa status.... View More

1 Answer | Asked in Civil Rights and Juvenile Law for Massachusetts on
Q: we have an ongoing dcf case with our daughter... What is a standard time frame before being reunited. thank you
James L. Arrasmith
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answered on Mar 14, 2024

The timeline for reunification in a DCF (Department of Children and Families) case can vary significantly depending on the specific circumstances of your case. However, I can provide some general information:

1. The primary goal of DCF is to ensure the safety and well-being of the child....
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1 Answer | Asked in Social Security for Massachusetts on
Q: Starting an online business on SSDI how will it impact my benefit? It's asset recovery, assisting people claim funds.

Specifically, we are interested in learning:

The implications of starting an online business on the client's eligibility for disability benefits.

Strategies or options available to the client for supplementing their income within the confines of the maximum allowable monthly... View More

James L. Arrasmith
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answered on Mar 9, 2024

Starting an online business while receiving Social Security Disability Insurance (SSDI) can impact your benefits, depending on your income and the structure of your business. Here are some key considerations and strategies:

1. Substantial Gainful Activity (SGA): In 2024, if you earn more...
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1 Answer | Asked in Immigration Law and Business Formation for Massachusetts on
Q: I am on OPT as a B.S. in Business. Can I open an LLC to rent & sublease (AirBnB) properties?

I am on an F1 visa, and just got my OPT approved as a B.S. in Business with a major in Marketing. Am I allowed to create an LLC and work for my own company? Currently, I am planning to start an AirBnB arbitrage business. This includes finding properties to sublease, furnishing them, and listing... View More

James L. Arrasmith
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answered on Mar 8, 2024

When on an F1 visa and engaged in Optional Practical Training (OPT), your business activities must relate directly to your major area of study. As a B.S. in Business with a major in Marketing, starting an LLC to engage in property rental and subleasing for AirBnB could be considered relevant to... View More

1 Answer | Asked in Civil Rights, Civil Litigation, Constitutional Law and Municipal Law for Massachusetts on
Q: Does a resident have to prove a hardship for a disability exception request to a local regulation (Massachusetts)?

Town has a dock permitting program (for Massachusetts owned lake) requiring dock be 25 ft from property line extended out into the water. Disabled resident has asked for exception to be closer to property line due to clear disability and related to ease of access to their dock over terrain/sand.... View More

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answered on Mar 6, 2024

In Massachusetts, when seeking a disability exception to local regulations, such as those related to dock permitting, it's often necessary to demonstrate how the exception is directly linked to accommodating your disability. This typically involves showing a specific need that arises from the... View More

1 Answer | Asked in Immigration Law, Tax Law and Landlord - Tenant for Massachusetts on
Q: Hello, if I rent a apartment &sublet it on airbnb or other website for few months is it legally allowed for a H1b holder

I may or may not earn through subleting, but could i do it ? if so for how many months? if i may use it to earn this as a side income? what is the allowable income I can generate, is there any cap? The landlord allows to sublet on weekly or monthly basis but me being the primary person renting.... View More

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answered on Mar 4, 2024

If you're on an H1B visa and considering subletting an apartment on platforms like Airbnb, it's crucial to understand how this could impact your visa status. H1B visa holders are authorized to work only for their petitioning employer, and any income generated outside of this employment... View More

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