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Questions Answered by Michael M Marques
1 Answer | Asked in Elder Law for Massachusetts on
Q: What should my grandmother do now that she's been scammed out of thousands of dollars by a "friend"?

The amount ranges from 15k to 20k. The fraudster lives in CT and my grandmother lives MA and she refuses to divulge any information.

Michael M Marques
Michael M Marques
answered on Aug 16, 2023

There are a number of options available to your grandmother. Under Massachusetts General Laws, Title II, Chap. 19A, financial exploitation is defined as "an act or omission by another person, which causes a substantial monetary or property loss to an elderly person, or causes a substantial... View More

1 Answer | Asked in Consumer Law and Business Law for Massachusetts on
Q: I'm a resident in MA who ordered a set of customized pencils; the TX company sent me pens w/o telling me. Can I sue?

The TX company is offering a 20% discount on the product they sent, which makes me feel they know they did something wrong. The pens are OK, but I had a desperate need for these mechanical pencils to give to my employees for music editing purposes - one cannot edit rented music with pens.

Michael M Marques
Michael M Marques
answered on Jul 30, 2023

Yes, you are correct. They did not fulfill the order properly so they are attempting to mitigate the damages for you and the profit loss for them by offering you 20% off the order you did receive. That does not necessarily mean you have to accept. There may be a few options available to you.... View More

1 Answer | Asked in Family Law and Elder Law for Massachusetts on
Q: Good afternoon, What is the caretaker child exemption law in Massachusetts and how do I qualify for this? thank you

My mom is 92 years old and she is living with me right now as her home is being repaired. I have been taking care of her since 2/2023 when my dad passed away. How can a person qualify for the caretaker child exemption law?

Thank you

Michael M Marques
Michael M Marques
answered on Jul 12, 2023

The Caregiver Child Exemption generally enables an elderly individual to transfer their home to their adult child without violating Medicaid's Look Back 60-month period on asset transfers. Under 130 CMR 520.019(D)(6)(d), a transfer of a former principal residence by a nursing home resident to... View More

1 Answer | Asked in Estate Planning and Probate for Massachusetts on
Q: Good day, staff: A question regarding objections, please?

I'm executor for mom's estate. LENGTHY and ASCERBIC going all the way.

If the six objectors (also heirs) contest the final estate accounting and it goes to another level, who is responsible for any probate or legal fees? Does it cost the objectors or does any cost come from the... View More

Michael M Marques
Michael M Marques
answered on Jun 25, 2023

First, the interested parties must allege sufficient legal grounds to challenge the will. Sufficient grounds may include a) undue influence; b) lack of capacity; c) fraud; or d) improper execution. If those elements are met, a petition can be filed to formally contest the will. The interested... View More

1 Answer | Asked in Estate Planning for Massachusetts on
Q: I need to remove the backup name I put down in my POA in case my daughter is incapacitated. can I cross it out?

I have to remove the name of my alternate POA because she no longer could perform that duty, and I don't understand why that requires a $500 fee. If I scratch out the name and have a witness sign it, why would this be a problem?

Michael M Marques
Michael M Marques
answered on Jun 23, 2023

Since the power of attorney document presumably specified, by its terms, how the power of attorney and backup power of attorney would take responsibility, crossing out a name would appear to change the terms of the document. This may raise questions as to your specific intent. Clarity is key in... View More

1 Answer | Asked in Estate Planning for Massachusetts on
Q: I would like to know what the correct process is to transfer my house under my son. ? or the best way to do it?
Michael M Marques
Michael M Marques
answered on Jun 22, 2023

There are a few questions you need to ask yourself first. a) Do you wish to retain control over your home and the right to live in it? b) How will your estate tax amounts change with each option? c) What capital gain taxes may your son have to deal with? d) Do you wish for your son to avoid... View More

1 Answer | Asked in Divorce, Estate Planning and Real Estate Law for Massachusetts on
Q: Does a trust protect my home purchased before marriage if I am to get divorced?
Michael M Marques
Michael M Marques
answered on Jun 21, 2023

There are a couple of factors to review. a) Was the home placed in a trust prior to or after the marriage? b) Is the trust revocable or irrevocable? c) Whose benefit was the trust intended for? Until recently, trusts were seen as assets when a court decided how assets were to be distributed upon... View More

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