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Massachusetts Questions & Answers
1 Answer | Asked in Insurance Bad Faith, Personal Injury and Public Benefits for Massachusetts on
Q: I am having a huge problem with Medicare. Despite doing everything I was told to do, I still do not have insurance.

I paid the amount of money I 'owed' , filled out and sent the paperwork (3 times) and still do not have any insurance. I am very worried now that I have missed my gynecological oncologist (had ovarian cancer treatments), much needed mammogram and colonoscopy (have Lynch Syndrome),... View More

Tim Akpinar
Tim Akpinar
answered on Aug 13, 2023

A Massachusetts attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal with the injury and cancer treatments. One option is to try to apply online - that could be quicker than the paper route. Another is to contact them and ask for a location of an... View More

1 Answer | Asked in Contracts and Personal Injury for Massachusetts on
Q: Is it illegal to to offer an insurance adjuster a portion of a settlement or a gift?

I am in MA, insurance adjuster is in AZ.

Tim Akpinar
Tim Akpinar
answered on Aug 11, 2023

A Massachusetts, Arizona, or Washington D.C. attorney could advise best, but your question is two days old, and I wanted to respond to your question before you took action in this regard. DON'T EVEN THINK of doing something like this. You could end your claim, get the poor claims examiner... View More

1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for Massachusetts on
Q: Does a ME60 36CFR 2.1 violation in Maine affect my record or do anything to my insurance. (Destruction/ deface of plant)

I have a new Hampshire license but the violation was issued in Maine. I live in New Hampshire.

T. Augustus Claus
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answered on Aug 8, 2023

Violations of these regulations can vary in terms of impact on your driving record and insurance rates, depending on the severity of the violation and the specific circumstances.

In general, violations related to destruction or defacement of plants in national parks or other protected areas...
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Q: selling hemp / CBD products online in MASS. Does this require a MDAR license or can I operate under farmbill USDA/FDA?

region is for Massachusetts

if you read the MDAR website its really confusing in the wording when discussing the Whole sale which I know for sure they regulate. Its confusing legalese I feel like should be a really simple answer..

Thomas Shack III
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answered on Aug 8, 2023

While the Farm Bill USDA/FDA regulations provide a framework for the cultivation and sale of hemp at the federal level, it does not exempt businesses from complying with state-specific requirements. Therefore, even if you are operating under the Farm Bill USDA/FDA regulations, you may still need to... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: If there is a bolo on your car or the person who owns the car for questioning. Can they do a felony stop ?

I already talked to investigators but they didn't remove bolo & did felony stop that lead to an arrest for contraband they found during the stop

Thomas Shack III
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answered on Aug 8, 2023

In Massachusetts, law enforcement authorities have the power to conduct a felony stop on a vehicle if they have reasonable suspicion or probable cause to believe that a felony has been committed or if there is an imminent threat to public safety. If there is a BOLO on your car or the person who... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Massachusetts on
Q: Wife raped as teen. statue of limitations in massachusetts for sexual assault on a person who is underage & disabled?
Thomas Shack III
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answered on Aug 8, 2023

In Massachusetts, the statute of limitations for sexual assault cases, including rape, varies depending on the specific offense committed. While rape and aggravated rape of a child have no statute of limitations, indecent assault and battery generally have a 15-year statute of limitations, with... View More

1 Answer | Asked in Internet Law and Juvenile Law for Massachusetts on
Q: Hi so my ex girlfriend still had access to my instagram and she went through it months after we broke up and read

through it months after we broke up and read through my messages with another girl where we talked sexually and sent it out to my parents and my job and I got fired because of it is that illegal

T. Augustus Claus
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answered on Aug 4, 2023

In Massachusetts and many other jurisdictions, unauthorized access to someone else's social media account or personal information without their consent can be considered a violation of privacy and may be illegal. This act is often referred to as "hacking" or "unauthorized access... View More

1 Answer | Asked in Employment Law and Car Accidents for Massachusetts on
Q: Do I have to provide my employer a picture of an accident if I was a Uber passenger?
Tim Akpinar
Tim Akpinar
answered on Aug 2, 2023

A Massachusetts attorney could advise best, but your question remains open for two weeks. It could be a provision included in their standard operating procedures (possibly more intended for employees who sustain accidents as a driver of a company car or their own car, that's being construed... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Massachusetts on
Q: Can I sue my coworkers for bullying &/or harassment?

I, 21f, work for security overnight at a hotel in the Greater Boston area. I am the only female in my department and for almost three months the closet person to my age was still 20+ years. 2 weeks in ind. said the n-word twice and reported false information to our director regarding my... View More

Maurice Mandel II
Maurice Mandel II
answered on Aug 1, 2023

Short answer- yes, but there is no money in it. You need to file Gender/ Racial harassment complaints with the HR department. What they are doing is harassing you because you are female and black. This is prohibited under both Federal and state law. By filing a formal, detailed complaint, you... View More

1 Answer | Asked in Foreclosure, Real Estate Law and Probate for Massachusetts on
Q: My ex has end stage dementia-I am his POA/HCP-hold mortgage on 1/2 house he shares-Can I get lieu deed before he dies?

I have never been paid any interest & want to keep family property safe. I have already paid off one other foreclosure on the property to keep it safe. It is shared (TIC) with his niece. I do not want to force sale of the property when he dies to get my money, so would like to deal with this... View More

Christopher Tolley
Christopher Tolley
answered on Aug 1, 2023

So I understand correctly, your ex owns the house as tenants in common with his niece and you have a mortgage on his interest in the property only. You propose to accept a deed in lieu of foreclosure of his interest in the house. Following such a transfer, you will be tenants in common with the... View More

1 Answer | Asked in Consumer Law and Business Law for Massachusetts on
Q: I'm a resident in MA who ordered a set of customized pencils; the TX company sent me pens w/o telling me. Can I sue?

The TX company is offering a 20% discount on the product they sent, which makes me feel they know they did something wrong. The pens are OK, but I had a desperate need for these mechanical pencils to give to my employees for music editing purposes - one cannot edit rented music with pens.

Michael M Marques
Michael M Marques
answered on Jul 30, 2023

Yes, you are correct. They did not fulfill the order properly so they are attempting to mitigate the damages for you and the profit loss for them by offering you 20% off the order you did receive. That does not necessarily mean you have to accept. There may be a few options available to you.... View More

1 Answer | Asked in Construction Law and Municipal Law for Massachusetts on
Q: Can I sue a plumber city inspector for not doing his job correctly and I'm losing money because of that?

My plumber requested a rough inspection, inspector came and didn't bother to get out of the car, he saw a pipe outside and asked the plummer to fix it. Plumber fixed it and requested another visit, inspector came and saw pipe on the entrance and asked plumber to fix, plumber fixed and... View More

Christopher Tolley
Christopher Tolley
answered on Jul 28, 2023

There are numerous laws governing the conduct of municipal officials which may be implicated in your situation. It is also possible that your plumber is the problem. Next time the inspector comes to the house, ask him/her to inspect the entire house. If you are acquainted with anyone on the... View More

1 Answer | Asked in Estate Planning and Probate for Massachusetts on
Q: Hello, my mother passed away 6/11/2023. My step dad is not saying a word but she had a will and life insurance.

I do not want to ask. I feel luke he'd say so. Shw worked 50 years for Boston Medical center. Shed always say she was leaving me this and that but i didint want to hear it. Is there a way to find out because i know my mom would wame to figure this out. I have her death certi,, ss.t

Tim Akpinar
Tim Akpinar
answered on Jul 26, 2023

A Massachusetts attorney could advise best, but your question remains open for two weeks. This is not an insurance bad faith matter (the category chosen for the post). It is closer to Probate or Estate Planning. Attorneys who practice in those areas deal with wills. Not all questions get answered... View More

1 Answer | Asked in Consumer Law, Small Claims and Contracts for Massachusetts on
Q: Is this situation considered "charging for services not provided" under Consumer Protection Chapter 93a?

I purchased a "package" of 10 day school classes for my dog with a dog training company. After using 6 of those classes I was fired as a client without discussion or reason. The company is refusing the refund me for the remaining 4 classes. Since I was already charged for these classes... View More

Christopher Tolley
Christopher Tolley
answered on Jul 21, 2023

You should consult the terms of the contract with the dog training company. That should outline what your rights and responsibilities are. If you feel your termination was an unfair and deceptive act or practice, and you are entitled to a refund, prepare a demand letter under G.L. c. 93A. For... View More

1 Answer | Asked in Child Support, Family Law and Public Benefits for Massachusetts on
Q: Hi. Can you receive child support if parent is on social security disability?
T. Augustus Claus
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answered on Jul 19, 2023

When it comes to child support, the fact that a parent is receiving Social Security disability benefits does not automatically exempt them from their obligation to pay child support. Child support is typically determined based on various factors, such as the needs of the child and the income and... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Massachusetts on
Q: If a court order (family law) has been filed and served and no court date has been assigned yet due to back up in courts

Parents of children unmarried split. father went to court to establish custody and parenting time as the mother is trying to dictate how and when he can see the them. So far a docket # assigned but the court date is in process. (custody/parenting time). mother is keeping kids from father because he... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 18, 2023

Your question is confusing-Did you file a Petition? Or did the Court enter Orders? If there is a violation of a Court Order there can be a Contempt Complaint filed and served to address the violation. If a Petition or Complaint was filed by you ,then you would need to have it served upon the... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: I am a homeowner living in Marlborough, MA in Middlesex County . My parents(now both deceased) bought the home in 1965.

In 1994 we had a detached garage built on our property. Our new neighbors told me they were going to have their property surveyed. They did, and according to their surveyors, a corner of our garage is encroaching their property by one foot. Nothing further has developed either by them or by me. My... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 13, 2023

To claim adverse possession you would need an adjudication of same from the Land Court and should involve real estate counsel in order for good title to your property to be passed, unless you want to adhere to the official meter and bounds as stated in the Deed and remove the garage or offending... View More

1 Answer | Asked in Family Law and Elder Law for Massachusetts on
Q: Good afternoon, What is the caretaker child exemption law in Massachusetts and how do I qualify for this? thank you

My mom is 92 years old and she is living with me right now as her home is being repaired. I have been taking care of her since 2/2023 when my dad passed away. How can a person qualify for the caretaker child exemption law?

Thank you

Michael M Marques
Michael M Marques
answered on Jul 12, 2023

The Caregiver Child Exemption generally enables an elderly individual to transfer their home to their adult child without violating Medicaid's Look Back 60-month period on asset transfers. Under 130 CMR 520.019(D)(6)(d), a transfer of a former principal residence by a nursing home resident to... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: Does Massachusetts define Protected Concerted Activity for private sector employees?

Massachusetts has MGL that defines Protected Concerted Activity for Public Employees, but there is no mention of private sector employees. Are there laws that protect private sector employees in Massachusetts? Or is the only private sector protection at the Federal level(NLRB)?

Maurice Mandel II
Maurice Mandel II
answered on Jul 10, 2023

Usually this type of law addresses protection from GOVERNMENT ACTION based on assertion of constitutional rights, or it could be UNION action. (NLRB) If you are a public sector employee, your employer is the government, which is why they have these laws. For private sector employees, the employer... View More

1 Answer | Asked in Probate for Massachusetts on
Q: Grandfather passed last year. No will has been filed in probate.

My parent has not been able to see the will of her father. He passed away over a year ago. Grandfather told me I have an inheritance as does my parent (his child). Now that he has passed, I am worried his other children, or his living widow; have taken our portion of the inheritance. We contacted... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 10, 2023

Was grandfather a Massachusetts resident at his death? Assuming so, and that he died intestate, the widow ( sounds like she is not your mother's mother) and your Mom and your Mom's siblings are heirs. There is a process to pursue to commence an intestate estate and since it seems that... View More

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