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Questions Answered by Jonathan R. Roth
2 Answers | Asked in Copyright, Internet Law and Intellectual Property for Massachusetts on
Q: Can I legally add the word 'fund' to the url for a website?

I am not a registered nonprofit or charity, but I help fundraise for one. Example: billsfund.org

Jonathan R. Roth
Jonathan R. Roth answered on Jan 23, 2018

It could be considered a material misrepresentation unless there is an agreement in place that protects, you, the charity and the donor.

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1 Answer | Asked in Contracts and Landlord - Tenant for Massachusetts on
Q: How is prorating calculated for office subletting when they are renting the space for 2 days per week, 400$/month.

I sublet office space and a subletter wants to start mid month, she wants to caclulate the prorated amount based on the days of the month while I think it should be based on the price per monday and wednesday, which would be 50$/day because there are 8 mondays and wednedays in the month and her... Read more »

Jonathan R. Roth
Jonathan R. Roth answered on Jan 17, 2018

If you are renting the property for 2 days a week being Monday and Wednesday, then you would prorate at the number of Mondays and Wednesdays between the start date and the last day of the month.

2 Answers | Asked in Contracts and Landlord - Tenant for Massachusetts on
Q: HOw do I prorate a month of rent to a subletter renting mondays and wednesdays for 400/month.

I sublet office space and a subletter wants to start mid month, she wants to caclulate the prorated amount based on the days of the month while I think it should be based on the price per monday and wednesday, which would be 50$/day because there are 8 mondays and wednedays in the month and her... Read more »

Jonathan R. Roth
Jonathan R. Roth answered on Jan 17, 2018

Unless agreed specifically, you prorate on the days of the month.

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1 Answer | Asked in Employment Law for Massachusetts on
Q: Is it legal for me to work until 11 PM?

I live in Massachusetts. I'm 16 years old and I applied to a nursing home but they told me they might not be able to hire me because I might not be able to work until 11 PM. I can't find an answer online. Everything seems to suggest it's only like that for minors that go to school but I don't.

Jonathan R. Roth
Jonathan R. Roth answered on Jan 16, 2018

The answer according to the Mass Attorney General and the ma.gov website is as follows:

16 and 17-year olds work hours

Only between 6 a.m. and 10 p.m. (on nights preceding a regularly scheduled school day) - if the establishment stops serving clients or customers at 10:00 p.m., the...
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1 Answer | Asked in Employment Law for Massachusetts on
Q: Can my employer deny to pay me full PTO hours upon termination?
Jonathan R. Roth
Jonathan R. Roth answered on Jan 16, 2018

You are entitled to be paid for accrued vacation time. The law requiring the accruing of paid sick time does not require an employer to pay for accrued but unused sick time. Depending upon how the PTO is described in the Company handbook or any employment agreement, any accrued but unused PTO may... Read more »

2 Answers | Asked in Estate Planning and Probate for Massachusetts on
Q: Will my step-mom receive all of my dad’s assets & life insurance if he dies before her without a will? Can I contest?

As a child, my biological mother passed away and dad since remarried. I am now an adult and my step-mother and I have a distant relationship. Am I entitled to any benefits if there is no will?

Jonathan R. Roth
Jonathan R. Roth answered on Jan 15, 2018

If there is no Will, your father's estate will be divided 50% to your step mother and 50% to you and your siblings. However, as I recall the first $200K goes to the spouse before the division. However, things held in a joint account will go directly to your step-mother as they are not part of the... Read more »

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2 Answers | Asked in Mergers & Acquisitions for California on
Q: A competing business offered to take over my business (essentially buying it out) and I'm interested. How long does an

acquisition generally take?

Jonathan R. Roth
Jonathan R. Roth answered on Jan 15, 2018

The time depends on the complexity of the acquisition and the terms of the acquisition. Once the terms are set it can probably be done rather quickly. Delay will depend on whether contracts need consent to be transferred, loans and financing issues and time for shareholder approvals.

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2 Answers | Asked in Estate Planning and Civil Litigation for Massachusetts on
Q: How can I protect my inheritance from my grandmother? There's no will.

I was left $28,000 by my grandmother who has died. She left it with a drug addict who threatens to take it every chance he gets. This happens to be her son. He is saying that the stipulation was that I have to go to medical school. I don't believe that was a stipulation. How can I make sure the... Read more »

Jonathan R. Roth
Jonathan R. Roth answered on Jan 14, 2018

Is there a Will and was a probate matter opened? if not, is there anything in writing from your grandmother or even your father stating he is holding $28,000 for your benefit. If there is a probate matter you can intervene. If there is no Will or Probate matter open then your options may be of... Read more »

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1 Answer | Asked in Estate Planning for Massachusetts on
Q: Do I need to have my will notarized?
Jonathan R. Roth
Jonathan R. Roth answered on Jan 12, 2018

Massachusetts requires two witness signatures but it is recommended that you have the Will notarized so there can be no challenge as to whether it was you who signed it. So I would have my Will notarized which you should be able to do at your local bank branch or a local office supply store, et... Read more »

1 Answer | Asked in Employment Law for Massachusetts on
Q: Can an employer take the signature page from a document that I signed and attach it to a revised policy that I didnt rea
Jonathan R. Roth
Jonathan R. Roth answered on Jan 11, 2018

No. Absent your authorization to do so, it is not a lawful act

1 Answer | Asked in Mergers & Acquisitions for California on
Q: Is there a best time of year to complete a merger in California?
Jonathan R. Roth
Jonathan R. Roth answered on Jan 6, 2018

Timing for completion of a merger depends on the tax implications of the merger and the seasonal operations of the businesses involved. Those factors should dictate the timing of the merger.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Prop. manager for the house we are leasing is refusing to work w/ us until a tenant removes BBB review. Is this legal?

Have had several issues with the company, he has threatened total 2 of 3 tenants so far in the few months we have lived here. Lied about appliances being in good working condition, eventually changed one out in an extremely untimely manner (literally took weeks and would say “today” day after... Read more »

Jonathan R. Roth
Jonathan R. Roth answered on Jan 6, 2018

No it is not legal to refuse to meet his managerial obligations because you filed a complaint or a poor review. I suggest you contact a local attorney who can direct you to who to complain to locally at the government level about the condition of the premises and the actions of the manager. I... Read more »

1 Answer | Asked in Tax Law and Business Formation for Massachusetts on
Q: Where should I register the company in terms of taxes?

Hi,

I live in Boston, and I'm about to start a consulting firm, an LLC. My first customer is in Norway. Should I form an LLC in MA or in Delaware? since my business is purely international.

Jonathan R. Roth
Jonathan R. Roth answered on Jan 5, 2018

You should register it in MA as you are a MA resident. There is no tax advantage in being a DE LLC if you are the sole member of the LLC and reside in MA. Moreover, if you have a dispute and want to engage the MA courts, you will have to register the DE LLC in MA to do so and the cost will wind-up... Read more »

1 Answer | Asked in Estate Planning for Massachusetts on
Q: My question pertains to my deceased husband who died without a will but has 2 children of his own (not mine).

He died in June 2013, leaving a large mortgage behind and there was no equity in house at that time either. My name is not on the mortgage but i have continued making all the mortgage payments all this while. I was advised by a lawyer quickly back when he died that I had no estate to split because... Read more »

Jonathan R. Roth
Jonathan R. Roth answered on Dec 28, 2017

In whose name is the property. As his wife you can assume the mortgage so long as you live in the property. Under MA law, the first $200,000 of equity in the estate passes to you and the balance of the estate is split the remainder of the estate.

If you are not the guardian for the...
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1 Answer | Asked in Business Law and Mergers & Acquisitions for Massachusetts on
Q: if a business is being sued and is sold to another party, who is liable for the lawsuits if you lose? New owner or old?

staffing agency I work for is being sued by two people. the owner is old and doesn't have much longer to live. If she sold it to me and I changed the name do I have any responsibility for those lawsuits? Or is it on the old owner who sold the business? thank you

Jonathan R. Roth
Jonathan R. Roth answered on Dec 27, 2017

The probable answer is that both of you would be responsible depending upon if substantially all of the assets of the first company were sold to a new company. You could buy the company and get an indemnification.

The initial liability stays with the first company. The second company...
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2 Answers | Asked in Estate Planning for Massachusetts on
Q: My son is 17, his dad passed away 5 days ago without a will. I was not married to his dad. His dad has real estate.

He was survived by a sister and his mom and dad. How do I become administrator of his estate?

Jonathan R. Roth
Jonathan R. Roth answered on Dec 26, 2017

You file a Petition for Administration of the father's estate. I suggest you contact an attorney in your area or in the county where the father lived. Under MA law absent a Will and a spouse, the children of a decedent inherit everything from the parent. Your son is not only entitled to the home,... Read more »

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1 Answer | Asked in Contracts for Massachusetts on
Q: If you sign a contract, but the other party does not fully disclose the costs agrees upon, is it still valid?

I have signed a contract to go with a group to a foreign country. In the contract specific items, such as 3 daily meals per day. Anything extra was to be paid for by yourself. The agreement was these meals would be paid for and taken care of once I paid the full amount. Now after I signed, they are... Read more »

Jonathan R. Roth
Jonathan R. Roth answered on Dec 21, 2017

The contract is valid but VOIDABLE for misrepresentation. If the term of the contract says they pay for 3 meals a day, then they have to pay for it. The problem is they have your money and the issue is do you want to go with this company given the issues they have presented. It is customary to tip... Read more »

1 Answer | Asked in Contracts and Employment Law for Massachusetts on
Q: Company claims I am bound b the terms of an unsigned contract.

If I started work for a company approximately 10 years ago, and was given a contract to sign. However I chose not to sign the initial contract. Approximately 5 years later the company came up with another contract. Again I did not read or sign the contract. I was not asked for a signed contract... Read more »

Jonathan R. Roth
Jonathan R. Roth answered on Dec 19, 2017

There is a reason such contracts have to be in writing, non-compete agreements under MA law need to be in writing. Moreover, the second contract offered appears to lack consideration. While they have a legal argument, I believe they would lose absent a writing confirming your agreement to these... Read more »

1 Answer | Asked in Contracts and Intellectual Property for Massachusetts on
Q: I'm a songwriter. I write lyrics for a band. They want to have a formal contract where I get 10% of royalties. Fair?

They pay me a flat rate for each song, but now they are wanting to pay me 10% of the royalties they receive as well. Is this a fair deal?

Jonathan R. Roth
Jonathan R. Roth answered on Dec 15, 2017

Fair is in the eye of the beholder. A lyricist who composes a song with someone else gets 50% of the royalty for the song, not the recording of the song. The royalty is split between the song writers and the publisher. If there is no publisher, then the song writers get the entire royalty. Now... Read more »

1 Answer | Asked in Estate Planning for Massachusetts on
Q: Does a will need to be written down, or can an audio recording count?
Jonathan R. Roth
Jonathan R. Roth answered on Dec 14, 2017

A will has to be in writing.

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