Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Phil A. Taylor
1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: Is my boyfriend legally obligated to provide my name and address to opposing counsel during his divorce?

What are my rights for privacy? His divorce is in the RI courts. He filed for an irreconcilable differences divorce and our relationship has nothing to do with the divorce. His wife is looking for reasons to tip the table in her favor in regard to splitting assets.

Phil A. Taylor
Phil A. Taylor
answered on Jan 15, 2024

If the divorce is in RI, that is where the question should be asked. Presuming that the standard as to what your BF needs to provide his wife when asked are the same, then yes, his wife's attorney is entitled to know your name and how to contact you. You may be able to lead his wife to the... View More

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: I have a commercial lease in Massachusetts and the landlord just installed water meters and started charging us

IS he allowed to do that mid lease? this is the paragraph in our lease UTILITIES AND SERVICES. Commencing on the Commencement Date, Tenant shall pay when due all costs, charges, deposits and assessments related to the hook-up, furnishing, consumption, maintenance and installations of water, water... View More

Phil A. Taylor
Phil A. Taylor
answered on Jan 15, 2024

Generally, as lease should be reviewed in its entirety as one section may be impacted by another section. Based on the limited text provided, it appears that the LL has taken the steps to have a commercial tenant contractually obligated to be responsible for the water to the leased space. Having... View More

2 Answers | Asked in Estate Planning for Massachusetts on
Q: Is Trustee of estate responsible for very poorly packaged figurines of some value that arrived broken to a beneficiary?

I received multiple figurines from FedEx ( I doubt the shipment was insured) as part of a Trust distribution shipped from CA to MA. It's quite obvious that the largest figurine was not packaged properly-wrong size box, minimal packaging. Also enclosed was a letter from the Trustee to be signed... View More

Phil A. Taylor
Phil A. Taylor
answered on Jan 15, 2024

A trustee has a fiduciary obligation to the beneficiaries of a trust and should act at least in a reasonably prudent manner. Be sure to save ALL of the packing materials, etc. and take pictures. Notify the trustee of the issue and ask about the insurance details for the shipment. In my opinion,... View More

View More Answers

2 Answers | Asked in Real Estate Law and Probate for Massachusetts on
Q: I am in Massachusetts and want to sell my half of real property inherited to my sister. But for her to do that I need

to hold the mortgage until interest rates come down. Is a mortgage deed the best way to do this?

Phil A. Taylor
Phil A. Taylor
answered on Jan 15, 2024

Your question is not clear. Generally, two persons cannot be forces to hold title to real property together. When one wants to sell, and the other does, not a Petition to Partition is filed and the court will then appoint a commissioner either divide the land, if possible to do so, or to sell the... View More

View More Answers

2 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Massachusetts on
Q: My siblings and I recently inherited our parents’ house after they died. One of my brothers wants to purchase the house.

If the house is appraised at $450,000, does my brother pay me and my other sibling ⅓ each ($150,000) or ½ each ($225,000)? Since he will be owning the house and could turn around and sell it at any time, does he also get a portion (1/3) of its value? Is that getting two bites of the proverbial... View More

Phil A. Taylor
Phil A. Taylor
answered on Jan 15, 2024

If you and your siblings each now own a 1/3 interest in the property and one sibling wants to purchase your interest and the interest of the other sibling, then the sibling would pay 2/3 of the fair market value (give or take depending on how the other costs, savings are addressed). The sibling... View More

View More Answers

1 Answer | Asked in Contracts, Foreclosure and Real Estate Law for Massachusetts on
Q: I have an order from a judge that states my tenant has 14 days to vacate.

The sheriffs office told me that they charge $3500 to remove him if he doesn’t leave.

That seems very expensive, especially since I’m evicting a non paying tenant.

Thank you

Phil A. Taylor
Phil A. Taylor
answered on Jan 15, 2024

I do not understand the actual question. Once you receive an execution for possession, it needs to be served and the sheriff (or constable) need to oversee the removal of the tenants personal property from the leased premise by a moving company and stored in a bonded storage facility. This is all... View 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.