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Massachusetts Questions & Answers
1 Answer | Asked in Personal Injury for Massachusetts on
Q: Fell on broken chipped front steps icy, no railing.Broke Tibia in 2 n Fibia in 2 .11 weeks in hospital,what 2 do?

This landlord has many many problem properties n is well known there were only 3 steps and railings were broken off yrs ago.. bldg next door recently had fire was condemned yet City made him replace all 4 outside flights of steps they were so bad. I have pics of all,also 2 weeks b4 fall was told... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 24, 2022

A Massachusetts attorney could advise best but your question remains open for two weeks. You raise a number of questions, and the best way to answer them could be to try to arrange a free initial consult with a MA attorney. As a general practice nationwide, injury firms that handle slip and fall... Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: How is the actual duration of marriage duration calculated?

How is the actual duration of marriage duration calculated?

Brian Waller
Brian Waller
answered on Sep 21, 2022

Unfortunately, it depends. For purposes of alimony, the duration of marriage is calculated as the date of marriage through the date of service of the Complaint for Divorce. So, if your ex-spouse filed on March 19, 2021, it would be whatever date after that you were actually served with the divorce... Read more »

1 Answer | Asked in Business Law and Landlord - Tenant for Massachusetts on
Q: I have a qualified buyer for my business, my landlord isn’t sure if he wants to assign my lease. What are my options?

I notified my landlord of the sale of my business but he’s not sure if he wants to issue a new long term lease but I have a five year lease currently I said we can assign my lease to the new buyer but the la said he’s not sure if he wants another long term lease

William J. Amann
PREMIUM
William J. Amann
answered on Sep 15, 2022

Your written lease should include a section concerning Assignments. Usually, consent to proposed assignments is stated that such consent shall not be unreasoanably withheld. Of course that is quite subjective. Please contact me at wamann@amburlaw.com if you want to explore further. Thank you.

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Massachusetts on
Q: Can a patent that was abandoned be patented again by one of the inventors?

Publication number: 20040002883

Joshua David Mertzlufft
Joshua David Mertzlufft
answered on Sep 14, 2022

If there's a new improvement to it that is patentable, there may be an opportunity for a new patent application. However resubmitting an old application as-is that's already published, with nothing more, generally won't work.



I am a registered U.S. patent...
Read more »

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Massachusetts on
Q: Can a patent that was abandoned be patented again by one of the inventors?

Publication number: 20040002883

Marcos Garciaacosta
Marcos Garciaacosta
answered on Sep 14, 2022

For patents, no.

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1 Answer | Asked in Child Custody, Child Support and Divorce for Massachusetts on
Q: I got served divorce papers an never responded. Never new when court was he got awarded everything. Can it be changed?

He never told me when court was never knew. He got the house an full custody. He never told me. I found out I was legally divorced because I got kicked off his insurance. Can anything be changed with my property?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 12, 2022

Why did you not respond? Were you in the hospital the entire time??

1 Answer | Asked in Criminal Law for Massachusetts on
Q: What is a Dudley district court of MA. "PROBATION STATUS HEARING?"

Received a letter from Dudley district Court MA. Almost 4 weeks ago stating there's a probation status hearing on the day probation has concluded. All the money is square and I never violated..do I need to attend this hearing for probation to end? Says a warrant for my arrest if I do not... Read more »

Lissa McKinney
Lissa McKinney
answered on Sep 12, 2022

You should not be using google, but instead speak to your PO.

They are in the best position to state if it is being dismissed or there is an issue. If it is scheduled on the last day of your probation, it is most likley that the Court wants you there when it is terminated. It is also...
Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: Are the spouses of the divorce permitted to cancel the case prior to the final trial or select the broker?

In this case, both lawyers decided to sell the property (house), and select the broker. They agreed to give the spouses 5% of the house value to get an apartment and keep the remainder in escrow until the case is finalized because the spouses disagree on the percentage split. Will the escrow... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 6, 2022

You would need to notify your counsel that this deal may not be viable due to the lack of income for an apartment and you have not stated what State you are in so the laws of that State are applicable with regard to child support and alimony.

1 Answer | Asked in Child Custody for Massachusetts on
Q: My son is incarcerated and due to be released November 1, 2022. He is divorced and has one son. His ex wife has since

remarried. Her husband is petitioning to adopt his son. My son wants to object but needs pro bono work as he has no money. Is there someone in the Worcester County family court that can help him pro bono? Thank you

Patty

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 6, 2022

He can file a Motion where the Adoption is pending for Appointment of Counsel based on Indigency and that he is objecting but needs legal assistance in preparing objection if that is the situation.

1 Answer | Asked in Probate for Massachusetts on
Q: HUSBAND DIED with no will then WIFE DIED 2 months later WITHOUT CLAIMING INHERITANCE, who inherits the deceased husband?

MASSACHUSETTS - HUSBAND DIED with no will, and his WIFE DIED 2 months later WITHOUT CLAIMING INHERITANCE of husband, can the SIBLING OF THE DECEASED HUSBAND inherit him? The husband had NO children and parents NOR does the wife.

Did the wife AUTOMATICALLY get the inheritance, or did she... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 2, 2022

Assuming the decedents were Massachusetts residents and there was no Will and that the husband had no children from a prior relationship, the wife would still be the heir . If there was a Will excluding her you have not so stated.

1 Answer | Asked in Family Law and Probate for Massachusetts on
Q: My step mother had contacted me 3 years after my dads passing for myself and my sister to sign to make her executer

When my dad passed away 3 years ago he had no assets including house cars or property. She had randomly reached out tonight asking us to sign and make her executer of his “estate”. How should we proceed?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 2, 2022

First of all , was he a resident of Massachusetts? If so ,Is it a Late and Limited Petition? Because a regular estate post 3 years is not available. The Late and LImited Petition is just that- a filing to determine title to assets inasmuch as the 3 years post date of death has passed.

1 Answer | Asked in DUI / DWI for Massachusetts on
Q: Does the Melanies Law Regarding having a mandatory breath Alyzer installed in vehicle for 2 years apply only in mass?

My finance got arrested 25 years ago for 2nd DUi and his license was suspended. He has not had a license or license infraction or drove in over 25 years and would like to get it back. He wants to know can he legally get his license in other states ( does the Melanies Law apply only in the state of... Read more »

Kris  Patria
Kris Patria
answered on Aug 31, 2022

Assuming that your fiancé was convicted of 2nd offense OUI in Massachusetts 25 years ago, he may be eligible to reinstate his driving privileges in Massachusetts, providing that he has fully complied with all relevant obligations resulting from his conviction, including fines and fees. With... Read more »

1 Answer | Asked in Divorce and Child Support for Massachusetts on
Q: Can I deny my wife's request for an increase in child support since we are still married and do not have a court order?

I am married, but have been separated from my wife for 15 years. We have two children together, so I have been paying child support per a verbal agreement between my wife & I. She has raised my payments many times over the years any time her rent increased. Now, both children are over 18 and... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 30, 2022

You are not under any Court Order and there is no proceeding pending in any Court correct? Then everything you have done is voluntary and the longer you stay married the more complicated your divorce get!!! If you die then she is your heir!!! Get a lawyer contact pro bono law school programs.

1 Answer | Asked in Criminal Law and DUI / DWI for Massachusetts on
Q: Officer made mistake in report can I use it against him at trial?

He said he like did something but it was another cop. Seems like a mistake as the other person got the same information but wondering if it helps my attorney get me a better deal

Kris  Patria
Kris Patria
answered on Aug 26, 2022

Mistakes in police reports can be used at trial to demonstrate that an officer has formed a wrong conclusion or conducts sloppy investigations. However, some mistakes are so minor and inconsequential that calling attention to them could backfire. A seasoned trial attorney will know what can type... Read more »

1 Answer | Asked in Immigration Law for Massachusetts on
Q: I’m petitioning my mom.she had an expedited removal 10 years ago.Do I have to submit additional info with form I-I30?

She was removed at the border under 7AiI and prohibited to enter US for 5 years. She has remained in her home country and it has been 10 years since incident. Do I need to include additional information/evidence before submitting form? It is my understanding that I-I30 is only to establish... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Aug 24, 2022

You will need to provide the information requested on the I-130 related to removal proceedings but you should not need to submit any documents. Once the case gets to NVC you will likely be asked for the documents.

1 Answer | Asked in Real Estate Law, Estate Planning and Landlord - Tenant for Massachusetts on
Q: What is the easiest way to do a lease to own from parent to son?

I am downsizing and my son/wife want to own my home and we discussed 2 year lease. I am not sure how it works. What do I need to do? Do I become a landlord?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 23, 2022

There can be a Lease and a separate Option to Purchase instrument. It is unclear if you want a Right of First Refusal or an Option with a price setting mechanism.

1 Answer | Asked in Divorce for Massachusetts on
Q: During separation, Is my soon to be ex able to cash/deposit the proceeds from the sale of our home without my consent.

My wife of 30 years and I are getting a divorce. Mediation broke down and we are currently selling our house. She wants more than 50%. Without a mediation agreement in place, is she able to deposit or cash the check without my signature? I live out of state? I hope to have a mediation agreement in... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 22, 2022

You and wife were living in Massachusetts correct? This is what I am assuming. Are you on the Deed? If there is no divorce complaint on file with the Probate Court, the closing attorney would make the check payable to the title holder. Your filing and serving a divorce complaint and summons on your... Read more »

1 Answer | Asked in Domestic Violence for Massachusetts on
Q: What happens if the victim violates the restraining order?

If I answer the phone when the victim calls and talk will I also be violating the restraining order?

Lissa McKinney
Lissa McKinney
answered on Aug 20, 2022

YES- If she calls and you answer YOU are violating the RO. Let it go to voicemail; screen shot the incoming call and back it up because it demonstrates she is not "in fear of imminent seriously physical harm." If you DO NOT answer maybe she will call more than once which will help you... Read more »

1 Answer | Asked in Real Estate Law, Tax Law and Municipal Law for Massachusetts on
Q: Can one town foreclose if the property is in two separate communities and other town's taxes are current?

I bought a home that's 1/2 in 1 town and 1/2 in another - the dwelling is > 80% in Town A. Original mortgagee escrowed & paid property tax only to Town A. The mortgage has been transferred twice & modified once, & still the error wasn't discovered. Now, over 10 years in, I... Read more »

Christopher Tolley
Christopher Tolley
answered on Aug 19, 2022

I think Town B probably has a right to foreclose on its lien but my guess is it has not done so because of the issues you raised. Whether Town B does or does not foreclose, I do not see any alternative but your #1. I do not see the value of ignoring Town B. You already have no equity in the... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Massachusetts on
Q: In MA, will I have a warrant if I don’t go to a court date as a VICTIM/WITNESS to a A&B on a household member?

My girlfriend and I got in an argument in January 2022. I was drunk and being mean while she drove us home. She got tired of it, pulled over and unbuckled me and while she pulled the buckle around me to get me out of her car, she accidentally hit me. I got mad she was making me get out and walk and... Read more »

Lissa McKinney
Lissa McKinney
answered on Aug 15, 2022

The operative word in the caution is "may."

In practice, it is rare that a Court issues a warrant for a victim- it tends to discourage people from calling the police when they really need to. Generally speaking, all of us are required to advise you to follow the law. Your...
Read more »

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