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Massachusetts Questions & Answers
2 Answers | Asked in Tax Law and Contracts for Massachusetts on
Q: Is certificate required for septic repair?

Spent $5k on septic repair when wastewater flooded the yard from the leach field. I wasn't given a certificate. Is one always needed to claim the credit? This wasn't a simple drain clog and the entire leech field was dug up, cleaned up, and soil replaced. I have a detailed invoice and... Read more »

James L. Arrasmith
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answered on Mar 4, 2023

In general, a certificate is not always required for septic repairs in order to claim a tax credit or deduction. However, the specific requirements may vary depending on the state or municipality where the property is located.

In Massachusetts, for example, a Title 5 inspection and...
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2 Answers | Asked in Tax Law and Contracts for Massachusetts on
Q: Is certificate required for septic repair?

Spent $5k on septic repair when wastewater flooded the yard from the leach field. I wasn't given a certificate. Is one always needed to claim the credit? This wasn't a simple drain clog and the entire leech field was dug up, cleaned up, and soil replaced. I have a detailed invoice and... Read more »

Christopher Tolley
Christopher Tolley
answered on Feb 23, 2023

I don't think you need a new Title V cert. unless you are selling the house. The system has to have 'failed' in order for you to claim the credit. https://www.mass.gov/service-details/view-residential-property-tax-credits. I would contact the DEP or ask your accountant when you file... Read more »

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1 Answer | Asked in Consumer Law and Lemon Law for Massachusetts on
Q: i financed a car

i financed a car on 1/20/23 had it in my possesion for 6 hrs and engine cut out oil spilling everywhere had it towed back to dealership same night was given a rental for 3 weeks dealership called me and said they had another car to offer and said 2500 would go to new car for trade in they made of... Read more »

Christopher Tolley
Christopher Tolley
answered on Feb 22, 2023

This should be covered by the Massachusetts Used Car Lemon Law. This explains it in more detail than I can in a Q&A forum like this one: https://www.mass.gov/guides/guide-to-used-vehicle-warranty-law You should call the hotline phone number listed n the website and explain the situation to... Read more »

2 Answers | Asked in Immigration Law and Adoption for Massachusetts on
Q: Hello, Im over 21 and I was wondering if it’s possible for me to be adopted to get citizenship!
James L. Arrasmith
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answered on Mar 2, 2023

It is possible for an adult to be adopted in order to obtain citizenship, but the process can be complicated and there are specific requirements that must be met.

In general, an adoption for immigration purposes must be a full and final adoption, meaning that it terminates the legal...
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1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: Is circumventing a court order knowing you are doing it the same as violating the order

My ex am I have an order stating neither one of us can cancel a Drs appointment made by the other, she brought him in to the Drs and got the second vaccine shot which was an appointment I made for another date, the office then canceled the appointment I made as it was obviously no longer needed, is... Read more »

Brian Waller
Brian Waller
answered on Feb 18, 2023

It is hard to say without reviewing the specific order, but a judge would probably look at your ex's intent, but also if that cancellation harmed you or the child in any way. If your ex took the child to a different scheduled appointment and the doctor offered to give your son the second... Read more »

1 Answer | Asked in Estate Planning and Probate for Massachusetts on
Q: My mother passes away recently. I need to know what to do about her car and credit card debt.

Her only property is an automobile which still still has a loan on it. What would happen to her car? Can I transfer the car and the loan to me? Will I have to sell the car to pay her credit cards off?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Feb 8, 2023

Sorry for your loss. If your mother was a Massachusetts resident, it sounds like you would be filing a Voluntary Statement with the Probate Court for the County of her residence. The vehicle would be listed as subject to a loan and depending upon the circumstances you may be able to acquire same... Read more »

1 Answer | Asked in Bankruptcy for Massachusetts on
Q: I am currently homeless and i spent money claimed on my wild card exemption before a 341 meeting can i get into trouble?
Robert Simonian
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Robert Simonian
answered on Feb 6, 2023

This is a difficult question to answer without asking you more detailed questions. For example, generally speaking, if you spend $500.00 or less on necessities I would say it is not a problem. If you spent a large amount of money and the trustee feels for some reason that the money was not exempt... Read more »

2 Answers | Asked in Immigration Law for Massachusetts on
Q: I filed an i130 for my French husband in March, still waiting wondering if there is anyway he can stay in the Us

We wanted to know if there is anyway he can stay in the US while this is pending. He travels back and forth for 3 months at a time but it’s becoming costly at this point. We are also planning our big family wedding in June since when we got married in jan of 2022 it was during Covid.

Min Hwan Ahn
Min Hwan Ahn
answered on Jan 30, 2023

Filing only the I-130 petition for your husband will not be enough for him to remain in the United States while the petition is pending. To allow him to stay, you must also file an I-485 application for adjustment of status.

If you are a U.S. citizen, filing the I-485 application for...
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1 Answer | Asked in Child Support for Massachusetts on
Q: My adult child is making 30k a year. I’m my divorce decree full time employment constitutes emancipation. Help

None of my support goes to kid. Wife states kid pays for stuff because she works. Then why am I still paying ???

Brian Waller
Brian Waller
answered on Jan 30, 2023

You can file a Complaint for Modification and ask that your child support be terminated by the court. If you believe it should be terminated, you should file as soon as possible because a judge can only order it to be adjusted retroactively as far back as there is a pending Complaint for... Read more »

1 Answer | Asked in Small Claims, Consumer Law and Collections for Massachusetts on
Q: are cases filed in Small Claims Court by Debt Collectors subjected to Massachusetts Rule of Civil Procedure 8.1 require

a detailed affidavit providing 1.

specific information about the debt, like the name of the original creditor, the name of the current debt owner, the date of the last payment, and the chain of ownership from the creditor to the current owner of the debt....

file an affidavit... Read more »

Christopher Tolley
Christopher Tolley
answered on Jan 26, 2023

I know of nothing in the rule addressing this specifically, but the references to complaint, clerk, district court, etc. lead me to believe Rule 8.1 does not apply to small claims. Also, small claims rule 2(b) contains its own verification of debt requirements for assigned debt.

1 Answer | Asked in Traffic Tickets for Massachusetts on
Q: I got pulled over in MA, should I get an attorney?

-Unlicensed operation of MV

-Uninsured MV

-Registration suspended

Lissa McKinney
Lissa McKinney
answered on Jan 16, 2023

Chances are you will end up better off with an attorney. You are charged with criminal motor vehicle ofenses, as indicated on the citation. Be sure to keep a copy of the citation and send it in for a hearing within the times designated on the ticket. Do it sooner than later, so a blizzard doesnt... Read more »

1 Answer | Asked in Wrongful Death for Massachusetts on
Q: My father was killed as a passenger in an auto accident I would like to get a lawyer to sue the driver?
Michael O. Smith
Michael O. Smith
answered on Jan 11, 2023

I strongly suggest you speak with an experienced wrongful death lawyer in your area to see if you have a viable claim. First, an administration of your Father's estate will need to be set up and I am assuming you would be the appointed as the administrator. In order to bring a claim for... Read more »

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Can I withhold my broker's fee payment?

The home my broker found us has delayed our move-in date multiple times as they haven't gotten their BFD inspection. This possibility of delay was a clause in the lease and I was nervous about it but my broker told me that they only really put that clause in 'in case of natural disaster... Read more »

Christopher Tolley
Christopher Tolley
answered on Jan 10, 2023

If the possibility of delay was written into the lease there would be an argument that you assumed the risk of delay and therefore have no recourse for your losses due to the delay. You should examine any separate contract you may have with the broker as to whether and how his fee is earned. Maybe... Read more »

1 Answer | Asked in Child Custody for Massachusetts on
Q: I have sole custody of my 7 year old. During a visit with his dad, his dad got him vaccinated without my permission

I was never married to my sons father, and then he moved to a different country. He visits twice a year for a few weeks. He was here over Christmas this year, and I had the flu, so he offered to take my son to his annual physical. While he was there he got him vaccinated for covid, against my... Read more »

John Michael Frick
John Michael Frick
answered on Jan 10, 2023

Either parent may consent to the vaccination of a minor.

Theoretically, you can petition the court with jurisdiction over your custody case for the sole right to make decisions for the non-emergency medical treatment of your child. However, your refusal to allow routine vaccinations like...
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1 Answer | Asked in Workers' Compensation for Massachusetts on
Q: am i still entitled to workers comp after 6 months?

i work in retail and was assaulted by a customer in july. i submitted a workers comp request and was out of work for 10 days (ER excused 7). i still have not gotten paid for those days. what do i do next

Michael Levin
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Michael Levin
answered on Jan 8, 2023

The short answer is yes, you can still get your benefits after 6 mos. The longer answer is that in Massachusetts, unless you are out of work for more than 21 days, then the first 5 days are unpaid. However, you could have been paid for the next 5 days after that, assuming you were out because of... Read more »

1 Answer | Asked in Car Accidents for Massachusetts on
Q: My daughter rear ended a vehicle going 5 mph.The car she hit had a tow bar extended from the back of the car.liability??

Can u drive with a tow bar when not towing?legality issue?

Tim Akpinar
Tim Akpinar
answered on Jan 5, 2023

A Massachusetts attorney could advise best, but your question remains open for five weeks. Until you are able to consult with a local attorney about specific vehicle & traffic law as to legality, your daughter or her attorney should still consider raising the issue of such a device being a... Read more »

1 Answer | Asked in Banking for Massachusetts on
Q: Who or what type of law do I need for chase bank reporting my payment late without viable legal warrant. Who do I call?

Submitted a car payment to Chase Manhattan bank the same way I had previously got a confirmation receipt cheat code never was notified by Chase that the payment wasn’t received or did not go through so the next month I made the payment the same way and at that point was notified of the issues... Read more »

Christopher Tolley
Christopher Tolley
answered on Jan 4, 2023

If I understand correctly, you have made payments and submitted documentary evidence but Chase refuses to credit the payments to your account. Try contacting the Massachusetts Attorney General's consumer assistance division.... Read more »

2 Answers | Asked in Real Estate Law and Probate for Massachusetts on
Q: What are my options when trying to remove myself from house deed?

My brother and I, inherited house. My brother has lived in the house for 3 years and not helping with property tax and yet to file yearly taxes, as he is the authorized rep of the estate. My name is on the house deed. How can I remove myself from any obligations as I am no longer financial able to... Read more »

Christopher Tolley
Christopher Tolley
answered on Jan 3, 2023

Contact your brother and advise him you no longer wish to own the property. Hire a lawyer to prepare a deed of your interest in the house to your brother. Ensure your brother agrees to accept a deed to the property. Have the lawyer record the deed with your brother's assent so that when the... Read more »

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1 Answer | Asked in Family Law and Probate for Massachusetts on
Q: My brother has filed for Informal probate of my Mom's Will without giving me a copy of the Will. Do I need a lawyer?

He is not trustworthy due to things he's done through the years. He is named as the PR in her Will only because he bullied her into it and is the oldest. I do know that she tried to make her Will specific and made sure that her estate would be divided equally between her four children

Joshua H. Bearce
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Joshua H. Bearce
answered on Dec 28, 2022

If your brother filed an informal probate, then he had to file a copy of your mother's Last Will and Testament. You can request to see a copy of your mother's estate case at the Probate and Family Court. This will allow you to see the Last Will and Testament and obtain a copy of it.... Read more »

1 Answer | Asked in Civil Litigation and Collections for Massachusetts on
Q: Is supplementary process required before requesting wage or bank garnishment?

Is supplementary process required before requesting wage or bank garnishment via trustee process? Will court allow me to skip the step of supplementary process and go straight to trustee process?

Christopher Tolley
Christopher Tolley
answered on Dec 27, 2022

I know of nothing requiring it. I have never had a judge deny a trustee process attachment because I had not pursued supplementary process first. However, allowing a trustee process attachment is within the court's discretion.

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