Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Jonathan R. Roth
1 Answer | Asked in Estate Planning for Massachusetts on
Q: My father passed away last year and my sister who was appointed executor of his estate claimed to be an only child!

Can I do anything about it? I was in his will

Jonathan R. Roth
Jonathan R. Roth
answered on Dec 13, 2017

Yes, contact an attorney immediately and file a complaint in the probate court, if the matter is still pending their or in Superior Court if the probate matter is closed for fraud. A great deal of additional information is necessary. However, lawsuits are expensive.

1 Answer | Asked in Contracts and Landlord - Tenant for Massachusetts on
Q: The building of my condo caught on fire. I would like to use my own contractor. Management said no.Is this legal?
Jonathan R. Roth
Jonathan R. Roth
answered on Dec 12, 2017

Without reading your master deed or the association by-laws and rules it is impossible to be precise, but the answer is yes. Moreover there is likely a more important issue, the insurance carrier for the association is not going to deal with multiple contractors and claimants under its coverage. To... Read more »

1 Answer | Asked in Contracts and Family Law for Massachusetts on
Q: Please read and answer, very important

I am about to receive a settlement. I want to put at the very least 5k in the bank and not touch it. Here's my dilemma and question. I FILED my lawsuit in December 2016 BEFORE I got married. I got married February 28th 2017. My husband owes money in child support. I have helped him pay 28 k... Read more »

Jonathan R. Roth
Jonathan R. Roth
answered on Dec 12, 2017

Your funds are not subject to collection for your husbands child support. Open a separate savings or checking account and put the money away for your own use.

1 Answer | Asked in Employment Law for Massachusetts on
Q: Salaried exempt employee's pay being docked due to sick days

I am a working mother in the state of Mass. My pay is being docked due to PTO bank being used. There is no sick leave policy in the handbook; it just covers PTO. The word sick isn't even mentioned. I have used all of my PTO for my sick children, and myself being sick. Can they legally dock my... Read more »

Jonathan R. Roth
Jonathan R. Roth
answered on Dec 11, 2017

First, any deduction for sick time has to be consistent with company sick time policy. If the company does not have a formal policy, they still have to charge your absences against your accrued sick time. MA requires that every employee shall be entitled to accrue and use 40 hours of sick time over... Read more »

1 Answer | Asked in Mergers & Acquisitions and Immigration Law for California on
Q: If my company get acquired, how will it impact my employees' H1B statuses?
Jonathan R. Roth
Jonathan R. Roth
answered on Dec 8, 2017

It will depend on the manner and terms of the acquisition. Assuming the buyer wants to retain the employees with the Visa then you need to speak to an immigration attorney prior to finalizing the acquisition documents.

Q: What could I sue for in this drug test instance?

So my employer is the medical director at a psychiatrist office. I am an administrative assistant. His wife, who does not have a visa to work in this country, randomly drug tested me, in a public bathroom that is shared with the whole office building of different businesses, with a store drug test,... Read more »

Jonathan R. Roth
Jonathan R. Roth
answered on Dec 4, 2017

First of all if the medical director's wife is here on a Visa that does not permit her to work, then she is prohibited from administering any drug test for your company or any other company. In that event the use of the drug test can be challenged. Second, Massachusetts does not have a defined... Read more »

2 Answers | Asked in Employment Law for Massachusetts on
Q: What are the laws in MA regarding testing positive for marijuana on a new employer drug test if I have a MA medical card
Jonathan R. Roth
Jonathan R. Roth
answered on Nov 30, 2017

Since the use of Marijuana is still illegal under Federal law companies that have a no drug use policy can still refuse to hire an employee that tests positive for the use of marijuana or fire one that tests positive. The law is still in its infant stage, but unless an employer wants to change its... Read more »

View More Answers

1 Answer | Asked in Estate Planning and Family Law for Massachusetts on
Q: QUESTION CONCERNING A FAMILY ISSUE, ESTATE, AND INHERITANCE

MY MOTHER OWNS A HOUSE WORTH AROUND $500,000. SHE CURRENTLY HAS A $100,000 MORTGAGE ON THE PROPERTY. THE EXTERIOR OF THE HOUSE HAS RECENTLY BEEN DONE, NEW WINDOWS, ROOF AND SIDING. THE INTERIOR OF THE HOUSE NEEDS A LOT OF WORK. MY BROTHER WANTS TO MOVE IN WITH HIS WIFE. HIS PLAN IS TO GET A... Read more »

Jonathan R. Roth
Jonathan R. Roth
answered on Nov 27, 2017

The only way your brother can get a new mortgage on the property is if he takes an ownership interest in the property or he enters into a rental agreement with your mother and she gets the mortgage and he can guarantee it. The issue is how the $400K in current equity is split between your brother... Read more »

3 Answers | Asked in Estate Planning, Landlord - Tenant and Probate for Massachusetts on
Q: Mother was left our home in grandmothers will, she will only have to split profits of the home if sold with ctd..

Living siblings. Executor asked for rent monthly to pay taxes and such for other apartment. (2 family dwelling). Executor has passed away now another sibling has said they are raising rent to repair home (which we live in) and we were not notified by deceased siblings wife nor given option to pay... Read more »

Jonathan R. Roth
Jonathan R. Roth
answered on Nov 25, 2017

There is something off here. I would start by getting a copy of the deed to the property and obtaining a copy of the probate file and any applicable trust documents. It the property is co-owned, then your mother has a right to participate in the management of the property or designate someone to... Read more »

View More Answers

1 Answer | Asked in Mergers & Acquisitions for New York on
Q: Are mergers and acquisitions regulated by each state or is that governed by federal law?
Jonathan R. Roth
Jonathan R. Roth
answered on Nov 16, 2017

The answer is both state and federal law apply.

1 Answer | Asked in Employment Law for Massachusetts on
Q: Is there a limit of hours an adult is allowed to work? Is a job responsible after shift has ended (ex: car accident)?
Jonathan R. Roth
Jonathan R. Roth
answered on Nov 13, 2017

Basically, with few exceptions such as a Truck Driver, there is no limit on the number of hours an adult employee is allowed to work. There are conditions and limitations on an employer's right to force overtime, although most hourly employees like a little overtime.

As to the...
Read more »

2 Answers | Asked in Business Law, Mergers & Acquisitions and Tax Law for California on
Q: Who pays taxes for the current fiscal year during a small business aquisition?

Someone I met is closing down their business and has a fair number of assets. If I were to form a company to acquire their business, would I be subject to paying their taxes and other debts? This would be a California formed Corporation absorbing a Texas Corporation.

Jonathan R. Roth
Jonathan R. Roth
answered on Nov 10, 2017

If the terms of the purchase and sale are drafted by an attorney who knows their business, the only thing you will be obligated to pay for are the assets you buy and any debts you agree to assume. If you in fact are going to buy substantially all of the assets of the business then you need to make... Read more »

View More Answers

1 Answer | Asked in Employment Law for Massachusetts on
Q: I wanted to know if employers could see my health records when i apply or want a job and how much can they see.
Jonathan R. Roth
Jonathan R. Roth
answered on Nov 7, 2017

Unless you grant them permission to look at your health records they are not entitled to see them. I am not sure what you are concerned about, but you cannot lie on a job application. For jobs that require security clearance, the entity which checks your history for security clearance may be able... Read more »

1 Answer | Asked in Estate Planning for Massachusetts on
Q: How do I know if I need to create trusts or if a will is sufficient for my estate?
Jonathan R. Roth
Jonathan R. Roth
answered on Nov 3, 2017

A Will states how your estate is to be disbursed upon your death. Trusts are created for a variety of reasons, to avoid probate and the costs associated with probate, for tax purposes if needed, and finally to make sure the proceeds of your estate are passed over more than a single generation.... Read more »

2 Answers | Asked in Civil Litigation and Family Law for Florida on
Q: If i walk into court put down a tape recorder and announce I am recording, can they stop me? Open and known, in public

in family court and chambers

What grounds can the

Judge deny this? Thank you.

Jonathan R. Roth
Jonathan R. Roth
answered on Nov 2, 2017

Yes. If you want to record a court proceeding you need the Courts permission.

View More Answers

1 Answer | Asked in Mergers & Acquisitions for New York on
Q: If a business that's being acquired has a sharp spike or drop in value before it's officially acquired, should the

contract be revisited?

Jonathan R. Roth
Jonathan R. Roth
answered on Oct 24, 2017

Depending upon the rights to the initial agreement including the right to make changes based on material changes in one or other of the businesses, all things being equaled the terms of the merger and more importantly the reason for the material change should be discussed and if appropriate be... Read more »

2 Answers | Asked in Mergers & Acquisitions for California on
Q: Should two businesses trying to merge have separate attorneys to most effectively represent both sides?
Jonathan R. Roth
Jonathan R. Roth
answered on Oct 24, 2017

All things being equal each business should have their own legal counsel. As a practical and ethical matter, no attorney should represent both sides to a transaction.

View More Answers

1 Answer | Asked in Consumer Law and Business Formation for Massachusetts on
Q: what do i do in this situation

i had work done on an bb gun and told them to limit it to a price of 200 $ and i had to pay 241 and it didn't work so i told them to take there parts out and give me my money back due to faulty parts

Jonathan R. Roth
Jonathan R. Roth
answered on Oct 24, 2017

If they do not comply sue them in small claims court. I assume you can document the instruction and read whatever you signed with respect to the repair.

1 Answer | Asked in Employment Law for Massachusetts on
Q: The cafe I’m working for is closing for 6-8 months to rebuild. Can I collect? Who is responsible? State of business?
Jonathan R. Roth
Jonathan R. Roth
answered on Oct 22, 2017

Assuming you have enough weeks worked to qualify you can collect unemployment.

1 Answer | Asked in Employment Law for Massachusetts on
Q: Can a previous employer contact a current employer for no other reason other than to advise I left their place

I was pursued by a particular company, decided to give it a try, but after working there for 3 days I decided it wasn’t for me and left. They are now contacting my current employer telling them how I left basically trying to sabotage me. There was no other purpose for their call other than to... Read more »

Jonathan R. Roth
Jonathan R. Roth
answered on Oct 19, 2017

Unless your current employer contacted them, they are not allowed to call your current employer. More importantly, depending upon what they said they may have opened themselves to law suit under several statutes.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.