Mom posted on Facebook Thur she was looking for a custody attorney. Daughter went for her weekend visit and mom is now refusing to return daughter. Claiming my daughter is scared to come home because daughter supposably said I hit her. (Which I didn’t). She is court ordered to return my daughter... View More
If the allegation is untrue then a Contempt Complaint and Emergency Motion for Orders to Return the child and Affidavit in Support could be filed by you and perhaps also seeking the appointment of a Guardian Ad Litem to investigate and report to the Court with respect to what is happening with the...View More
Generally mortgages have terms that a transfer of the property can calls the promissory note in or due to be paid, called a "due on sale " clause, but the owner can contact the mortgage holder and inquire about adding you as an owner and their preferred mechanism to do so with regard to...View More
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.
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
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
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
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
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.
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
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
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
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 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
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
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
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
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!!
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 mother-in-law lost her husband 10 years ago. The grandson who has been living there with them rent free for over 20 years is now trying to take the house away from her. My mother-in- law is 83 years old and is alert, drives a car and manages and pays all the bills. She thinks the grandson stole... View More
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