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 »
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 »
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 »
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 »
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 »
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 »
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 »
Not sure what your question is. The relationship is over so don't contact her anymore, don't contact her friends or relatives and stay clear of any stalking type behavior or aggression to avoid legal problems.
Have you ever been convicted of any crime or offense, whether State or Federal, including offenses categorized as misdemeanors, high misdemeanors, or felonies? You should include convictions under any circumstances such as, but not limited to, a plea of guilty, Non Vult, Nolo Contendere, No... Read more »
now his father is telling me he's no longer going to let him come home what are my rights I've been raising him for the last 17 years and his father owes over $100,000 in child support in Massachusetts what can I do to get my son back legally?
If you are the primary custodial parent he is in Contempt and a Contempt Complaint should be filed in the Court where your custodial orders were established ASAP with a Motion and Affidavit for Emergency hearing to have the child brought back to Massachusetts also potentially has also violated...Read more »
Hello! My mother's current passport has a small spelling mistake (an extra character added to last name). She has already used this passport and traveled to the US with it. Before applying for her green card, we will try to amend the mistake and get her a new passport issued with the correct... Read more »
MASSACHUSETTS - Husband died without will and then his wife died 2 months later. The husband has no children and parents, only a sibling nor does the wife. Did the wife automatically get the inheritance, or did she need to follow a procedure to get it within some days? Does the inheritance belong... Read more »
Were they domiciled in Massachusetts ?Did the death of husband happen after March 2012? Neither had any children? A post March 2012 death brings the Massachusetts Probate Code into the response so that if husband had no children then surviving wife would take all if no Will.
There is a possibility that your daughter may be entitled to make a claim for her injuries. It will depend on several factors including the particular facts of the incident and any paperwork that was required to be signed prior to entering into the camp.
There are generally no laws that would prevent you from doing this, but you should check your employer's policies on email security before doing so. If an employer adopts a policy against using your work email for purposes other than the work for the employer, you could be disciplined if you...Read more »
I volunteered for a probation officer to investigate my custody dispute currently I'm court. I currently have visitation that is ordered from the judge. I take random urines and there was a problem with the system and it reported I didn't have a urine and the probation officer said I did... Read more »
It sounds like something is amiss and you should have legal representation in this important matter which you have tried to handle pro se to your detriment. You may seek a hair follicle examination via Motion citing the information you have given in this question, but your ability to navigate the...Read more »
If your godmother was domiciled in Massachusetts she needed to have a Will ( nonverbal- in writing ) with suitable witnessing , etc. so, you have acted without authority in any event and it is up to her heirs or potentially other creditors as to what they wish to do against you for taking the...Read more »
You will need to follow the process for a Voluntary Statement filing in the Probate Court for the County where your brother was living and you will also need to obtain his death certificate which the funeral home can help you with and you can also contact the town where he died .
Say someone gets invited to a party in high school and there is going to be underage drinking. This person knows that but really wants to brigo cause their friends are going etc. This person however would never drink. If said party was ‘busted’ by the police and you were caught. Would you still... Read more »
basically, yes, unless the police believe you were not drinking. You can ask for their breathalizer if you feel confident, but I am not sure I would trust entirely how they administer it....depending on where you live. If that were to happen, go immediately to a clinic or hospital and get a blood...Read more »
On paper, she is not low-income ($42,000/year) but owes $7K for electric and many other debts. If she foreclosures is she still responsible for the mortgage? (She cannot pay that and rent also.) Would Chapter 11 be a better option for her? Can she rent an apartment after Chapter 11 or will... Read more »
A Chapter 7 bankruptcy sounds like it may be in her best interest at this time however I can not say this absolutely without a full interview. You can call me or another experienced bankruptcy attorney and they should be able to give you a good solid answer and plan to move forward. A chapter 7...Read more »
My ex has primary custody of our kids. They live in filth and squalor, sleeping in beds with moldy food, used tampons, etc. I have video and photographic evidence, along with my ex admitting to the conditions in text messages, asking me to help clean, and stating, "I can't put all my time... Read more »
It does sound like neglect from your description of the children's living situation and the DCF can be contacted to investigate. They will know a divorce is pending and that you are a party. Is this a new distinguishable state of affairs in the household ? One of the questions that will be...Read more »
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.