I live in a private neighborhood my house has a separate piece of land that I pay taxes on and the paper road was designed for this piece of land. My Neigbor is trying to Claim the whole paper road as his front yard? He’s even trying to clear my half of the paper road from its natural brush so... Read more »
This also may be something your title insurance company would potentially get involved with if you purchased an owners title policy. I agree with Attorney Tolley and you may well need to file a Land Court action to resolve the dispute, unfortunately.
I'm asking for my friend Anne, located in Boston, who has been living with a terrible roommate who continuously harasses her verbally and mentally for several months. For the past 2 months Anne has been trying to break her lease by subletting her room, but finding it impossible to escape this... Read more »
So, is there a domestic violence situation or some other unlawful conduct of the roommate? This may work to address the lease situation if such orders are entered against the offending roommate. Otherwise if there is a lease presumably she and the roommate are jointly and severally liable and hence... Read more »
My fiancé filed a complaint for child custody and parenting time. The child's mother filed a counter claim as well as a proposed parenting plan to this. What do we file in response as an "answer" to her counter claim and parenting plan? I cannot find anything online that would give... Read more »
Yes, it is called an Answer to Counterclaim and denying the individual allegations is the first step.
We can’t currently afford a lawyer but filed a custody complaint because my fiancé had the child 80% of the time up until two years ago when the child started school. She promptly decided she was going to have the child 80% and told him that he was allowed every other weekend. It has affected... Read more »
Was there a prior paternity action or acknowledgment ? Is the MDOR involved ? Is DCF involved? If your fiance has filed a custody and support complaint and received a counterclaim I am unsure of what other action you are contemplating.
My spouse refuses to tell me anything and has also told her lawyer to tell her siblings tell me nothing about what is going on. My question what rights do I have to be included in the outcome of the estate distribution among my wife and her siblings ?
Normally no rights unless you are having a divorce started or have one pending.
Would I have to disclose that information?
You will need to have your title reviewed on this subject and this is not susceptible of a forum response.
Normally you would wait until you are transferring or mortgaging the real estate and then also provide your old name with "formerly known as" .
I have a deed & mortgage with a Joint tenancy with right of survivorship with my dad ( father / son).
My wife has filed for divorce.
She was not added to deed / mortgage because at the time of purchase she was in arrears with the DOR for back child support from another... Read more »
It looks like it is a marital asset to be divided equitably by the Probate Court if the parties are unable to agree on property distribution. You have not stated the duration of the marriage or other circumstances so assuming at least 10 years it is possible that the Court would assign 50% of the... Read more »
The person he lived with won't open the door for us or the police and isn't returning calls. What is the next step to get this person to comply with court order?
Was there a lease? Then the landlord could allow entry. If you continue to have problems you may need to seek appointment as a Personal Rep to proceed further against this problematic individual.
The friend is not a legal spouse but still lives in the home. My father is listed on the deed/mortgage as a joint tenant in common. Can this house be sold without approval by his heirs?
In Massachusetts if he was a resident here a Petition for Probate either testate or intestate would need to be commenced . Heirs or devisees under the Will and children of the deceased need to be notified of the estate. You really need to contact a probate attorney to go over your facts and make... Read more »
My grand mother passed a few yrs ago with no will... none of the siblings want the property i have the original deed and paperwork to the property how do i go about transferring the property deed under my name without traveling to puerto rico
You haven't stated whether your grandmother was a resident of Puerto Rico or just had property there. If she was a resident there then you would need an attorney In Puerto Rico to handle probate of her estate there depending of course on how title to the real estate was held . If your... Read more »
No will. House and mtg. in son’s name. Equity seen as 1 of his assets for kids. My son wanted that home for his girlfriend and kids. Keeping the home keeps them in a house.
The surviving children are the ones who have the priority of appointment as Personal Reps of the intestate estate, but if they are minors they will not be able to petition the Court. Girlfriend has no legal status but can be a Formal Petitioner for appointment. Someone will need to be appointed as... Read more »
This is a tax question and not a real estate question so you should consult with an accountant or tax attorney.
I havent enough money to move out. And or pay a lawyer to help me fight.
You can try Western Mass Legal services or Western New England Law school.
Clause- “while child is of young age and unable to contact other parent without assistance of custodial parent, the partIes shall engage in a nightly telephone call to allow the child to allow the child to communicate with noncustodial parent”.
This was implemented when child was 3. Dad... Read more »
6 is a young age and there is potential for a Contempt Complaint to be brought against you for not making the calls occur .
We are both trying to be civil, but I’m suspicious of the timing. He also said that a lawyer he consulted told him that my alimony request “would be thrown out of court.”
You need to also speak with a bankruptcy attorney as your asset division would potentially be affected thereby. Why are you both not filing for bankruptcy?
I won a judgment
This sounds odd. Take your Judgment to another attorney to review.
The judge did not mandate placement in a long term care facility. She continues to relapse and put her safety at risk and our next court date is not until January 2021. The medical certificate said that she is incapacitated but now an independent medical evaluation was ordered. Can I mandate that... Read more »
If your order does not give you the ability to place her in a facility then you will need to file and serve an appropriate Motion with Affidavit seeking such.
Inspection done and was noticed after 30 days the water leakage by buyer...
You should have your Purchase and Sale agreement reviewed to determine any exposure to liability.
Buyer did not ask Seller about water leakage before closing and seller did not know
Was there a realtor involved in this transaction? if so there are disclosure forms completed for the sale listing. As Seller did you complete such a form? Buyers typically make offers contingent upon home inspection results- was there a home inspection?
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