
answered on Aug 28, 2023
It is best to obtain a separate loan if possible as there would need to be separate counsel to review the circumstances of a mortgage promissory note situation. You also want to make sure that you don't violate an automatic asset restraining order if Divorce is or will be started shortly.

answered on Aug 22, 2023
While you are certainly not required to have an attorney, an attorney who works representing car accident Plaintiff's knows the law and how to deal with insurance companies effectively.
They said MA requires more but can't tell me what? They are looking for a TIN and Entity or Estate name. There is no estate name.

answered on Aug 16, 2023
This is a difficult time to lose a parent, I extend my condolences. Here are a few tips:The estate name is Estate of..., which is your late mother's name. They also want you to obtain a Federal Taxpayer ID from the IRS for the Estate of your mother as the Social Security number cancels at... View More
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

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
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

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
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

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

answered on Jun 2, 2023
Assuming that your father is a Massachusetts resident for his thumbnail response: Your father may well have been infirm and not competent to enter into the sale agreement in which case an Equity case on his behalf should be commenced along with a Guardianship and Conservatorship petition... View More
The executor is sitting on (holding) all the non-monetary assets of the will, even actively preventing access to the inherited home and property by holding all of the keys. She is also the primary heir.

answered on May 25, 2023
Is this decedent a Massachusetts resident? If so and the Will has not been probated, then those who have priority on the intestacy ladder as the presumption is now that there is no Will unless somehow there is a photocopy of the executed Will which since the named Executor ( Personal... View More
My mother and I live in Massachusetts. I have an older brother who lives in NY. My mother is 75 with failing health. My mother owns a house in NY and a house in MA. She has a couple of retirement accounts and has savings and checking accounts. She refuses to get a will. I have asked her to do this... View More

answered on Mar 31, 2023
Your mother appears to reside in Massachusetts and assuming that is the case she would be intestate and depending upon her marital status and whether you and your brother are the only children she has, you and brother have equal ability to file a Petition for Probate of her estate upon her death.... View More
I live in MA & currently have temporary sole legal and physical custody of our child. My ex lives out of state in Maryland and will soon start court ordered parenting time every other weekend for 6 hours. He frequently disappears for weeks to months at a time without any contact. He has also... View More

answered on Mar 30, 2023
The Court could enter a version of the requested order , but you should assert the difficulty involved in having the child participate for the full length of the call . Of greater concern at this point is the lack of consistency by father "disappearing for weeks or months" . Is there also... View More
Only heir, my dad died 6 yrs ago with a will naming me sole beneficiary. They have already run complete lien checks to be sure nothing is owed to anyone. I’m going to be receiving a settlement check but they want to put check to the estate of. I called bank and they are telling me I would have to... View More

answered on Mar 22, 2023
It is surprising there was no Personal Rep appointment in order to proceed with the case. There is a requirement to notice the Estate Recovery Unit of a Probate Petition as there is an automatic lien for Masshealth/Medicaid benefits. Also, the size of the Estate-whether over or under $1,000,000 for... View More
I did not act on the will because the daughter moved in and I didn't want to upset her. However, the daughter recently passed and now there are no living relatives. Is the mom's will still executable?

answered on Mar 13, 2023
I agree that consulting an Estate attorney concerning this matter would be the route to take. A public forum can only provide some basic information. If you are in possession of the original will and were named the Executor now referred to as Personal Representative, you had a duty to move... View More
Can the home be sold by the beneficiaries as soon as the Court has approved the completion of the INFORMAL PROBATE?

answered on Mar 9, 2023
This is actually 2 questions-Time frame for the appointment as Personal Rep to occur and the next question is the time needed to complete estate administration. Depending upon the County and the Judge assigned and the availability of Court Personnel the first question is weeks, the second question... View More
During the process of gaining guardianship, what if parent demands kid comes back

answered on Mar 3, 2023
You would need to obtain Guardianship over the minor via Petition to the Probate & Family Court where there was either a previous divorce or paternity proceeding or where you live if not applicable. If there is an Emergency you would need to also request temporary guardianship and have grounds... View More
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?

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... View More
Is it legal for me to with hold providing them the final check until they complete the issues I have with the home? I have asked them for over a week to come to the home and address the issues with me and they've ignored every email and text and say I'm going to be late on their payment... View More

answered on Dec 6, 2022
The contracts should be reviewed and you should have counsel involved as there are a lot of moving parts. Construction is a legal specialty by the way and not for the pro se dabbler unless you are willing to take the lumps you may be in for!!

answered on Nov 18, 2022
The Purchase & Sale Agreement should have specific provisions concerning what occurs upon a failure to be ready to close on the closing date. You should have counsel involved , particularly if things are not going so well!
My husband said I put $50,000 in his IRA and I agreed with him in court but I only put $25,000 - I put $50,000 in our iras combined - is there a way I can tell the judge this - I am able to prove it - my laywer says no but that seems unfair

answered on Oct 18, 2022
So was this at the divorce trial? If the trial is ongoing then I believe if requested by the parties they can jointly amend the record by stipulation or Motion as you apparently answered a question too quickly!! Perhaps a Motion to seek correction of testimony would work. If the trial is over and... View More
Ambiguous. Who decides ability? Can parent have a savings account or be concerned someone is going to say "S/He has money?" Child is 20 years old in college and is capable of supporting self but lives with one parent.

answered on Oct 17, 2022
A child in college full-time is not considered to be emancipated and the duty to pay child support and make college contribution exists. Where there is an indefinite percentage or sum indicated there is likely a basis for court review in a Modification proceeding. The current Massachusetts child... View More
My husband lost his job 7 years ago and has not worked since. I am disabled and have been paying all of the bills. He applied for early retirement at 55 (he is now 57) and only gets $600 a month. He pays for gas for the car, that's it. A few months after he lost his job we were behind on our... View More

answered on Oct 17, 2022
If these are the facts, then you have am argument to make to the Court that the equities are on your side of the balance sheet, but you should engage a divorce attorney and not try to present this information yourself. Divorce is not a paint by the numbers or press the lever and get the outcome... View More
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