Lawyers, Answer Questions  & Get Points Log In
Massachusetts Questions & Answers
0 Answers | Asked in Criminal Law and DUI / DWI for Massachusetts on
Q: Have a bench warrant in PA and I need to get an MA ID because my old ID is about to expire. Will RMV check for warrants?

I have a bench warrant for FTA in PA from 10 years ago and I need to get an MA ID because my old ID is about to expire. Will RMV check for warrants? I have animals that depend on me and don't want them to starve if I'm arrested. If there's even a chance I'd rather wait until I... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Massachusetts on
Q: Does a reliquish of rights go I to affect the day it was signed. It was done in front of a notary public and witnesses

It is stamped, signed and dated and filed into court

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 15, 2021

It has to be filed with the Court and acted upon to take effect. If you have second thoughts you really should have counsel represent you!!

0 Answers | Asked in Employment Law for Massachusetts on
Q: Is Massachusetts accrued time paid out at the end of my employment if I moved to Tennessee with the same job?

Employer policy states that if it was mandated to pay sick time accrued by the state it will. Since moving with the accrued time to a state that doesn't require it to be paid my employer is doing what it can to not pay it out.

Is the employer required to pay it out even with the change of state?

0 Answers | Asked in Employment Discrimination and Employment Law for Massachusetts on
Q: My wife works for a contractor who has a federal government contract. Her company employs over 100 people.

My wife is NOT vaccinated and has been told that, if she doesn't get vaccinated within 75 days, she will lose her job. Is this legal? If not, what is her recourse against this?

Thanks...EC

2 Answers | Asked in Child Custody for Massachusetts on
Q: Can I talk to my sons doctors/providers about his treatment while emergency temporary custody is with his grandparents?

I was just informed that my sons paternal grandparents filed, and were granted, emergency temporary custody of my son while I was receiving inpatient treatment for my mental health. I also just learned he has been hospitalized for suicidal ideation, which I was not informed of at all. I have always... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 14, 2021

It appears that you will need legal representation in a guardianship dispute and you can file a Motion for appointment of counsel by the Court if you are indigent. If you are not indigent then you should engage counsel once you are able to do so. It appears that you will need to take care of your... Read more »

View More Answers

0 Answers | Asked in Civil Litigation for Massachusetts on
Q: A notary notarized for her mother.

A notary notarized for her mother, an affidavit, which was submitted as evidence in court of law. Notary and notarizing was in Massachusetts. What are the legal ramifications for this action?

0 Answers | Asked in Landlord - Tenant for Massachusetts on
Q: Is there a term/is it a crime for a landlord to lease the same space to two tenants, where we are both paying rent on i

I was told a hallway was exclusive to my lease. The next door tenant kept 'trespassing' and I was sent a termination of lease letter based on false claims. Through discovery, we have found that the tenant's lease includes part of that space and it is the likely reason for aiming to... Read more »

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: My mother has court ordered visits of one of my daughters, with the rise of Covid again, I'm not comfortable with it

They have 2 grown children who also live in MA and visit them almost daily, but my mother lives in RI. They aren't cautious, but I don't want to be held in contempt. I've offered video calls and outdoor visits, they won't budge. How do I keep my foot down?

Kimberly Erwin
Kimberly Erwin answered on Sep 12, 2021

I don’t know that you can. If the court order was entered after the start of the pandemic, you most likely need to allow visits. If it was entered previous to the pandemic, I would suggest requesting masks (as well as your other requests) be worn in writing. If they refuse, I would document the... Read more »

0 Answers | Asked in Landlord - Tenant for Massachusetts on
Q: [Tenant - US-MA] Giving my notice to landlord questions

I have a month-to-month lease for an apartment I’ve been renting for a little over a year. Lease terms state that both tenant/ landlord are required to give 30-days notice. Also states that tenants notice must be 30-days prior to last day of the month we plan to leave.

We recently closed... Read more »

0 Answers | Asked in Landlord - Tenant for Massachusetts on
Q: Would it be the tenant or landlords responsibility to pay for repairs or replacing a stove?

The stove was provided by the landlord it was used when I moved in. The oven element burned and snapped while baking last winter.

0 Answers | Asked in Employment Law for Massachusetts on
Q: What is my recourse against my employer for not renewing my dental insurance and still charging me for it?

I recently gave my 2 weeks notice at my job and my last day is tomorrow. Our open enrollment for benefits was September 1st. I just had dental insurance and I should have been re enrolled on that date. I went to the dentist a few days ago and find out I have no insurance. Mind you I am still being... Read more »

2 Answers | Asked in Bankruptcy and Real Estate Law for Massachusetts on
Q: i am a co owner of a property with a mortgage. if i apply for bankruptcy, am i still liable for the mortgage payment?

i am now disabled and cannot work. my income now after bankruptcy is 848. a month.

Robert Simonian
Robert Simonian answered on Sep 9, 2021

If you file for chapter 7 bankruptcy you will not be liable for the mortgage payment. However, if the mortgage is not paid the mortgage company will foreclose on the property. If you are asking if you can live in the property and not pay the mortgage the answer is no. If you do not live in the... Read more »

View More Answers

0 Answers | Asked in Real Estate Law for Massachusetts on
Q: Does a seller give up future claims if the release funds from a real estate transaction deposit?

buyer backed out, not satisfied with inspection, after six weeks of my house being off the market. Buyer will not let me see report, I offered to pay for it. I suspect two items on there that was known to them before any offer. The inspector asked the same two questions about the property which... Read more »

2 Answers | Asked in Divorce and Immigration Law for Massachusetts on
Q: Immigration does not recognize 1991 divorce from the DR. Does he have to get a divorce here in MA to be recognized?

Both husband and wife did not have a domicile in DR at the time of the divorce. Now in 2021, he is trying to remarry but immigration states before getting married to someone else he needs proof that one or both needed to reside in the Dominican Republic of which neither lived in DR. Is there... Read more »

Agnes Jury
Agnes Jury answered on Sep 7, 2021

The divorce parties have to comply with the residence requirements of the place of divorce in order for that divorce to be recognized by USCIS. In other words, the validity of a divorce abroad depends on the interpretation of the divorce laws of the foreign country that granted the divorce and the... Read more »

View More Answers

1 Answer | Asked in Estate Planning, Patents (Intellectual Property) and Probate for Massachusetts on
Q: Is this possible and how can I fix this or what do I do?

My father passed away unexpectedly a couple months ago. June 12th to be exact and a month later after his funeral, I filed intestate probate as he had no will. He had debt and expenses, but his parents took care of it. After legally doing all the paperwork for probate it was done within 3 weeks... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 7, 2021

If you are appointed Personal Representative of his estate you can and should obtain information from the Registry of Motor Vehicles about the title and transfer information. If assets or monies were stolen from the estate then you may be advised to pursue the parents depending upon whether the sum... Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: My dad was to receive a portion of my mother’s retirement after they divorced. My father passed before she retired. Wha
Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 7, 2021

Are you the Personal Rep for his estate? If so ,Was there a QDRO? The terms of the QDRO should be reviewed along with the Divorce/Separation Agreement.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.