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Massachusetts Questions & Answers
0 Answers | Asked in Contracts, Civil Litigation, Civil Rights and Election Law for Massachusetts on
Q: Condo board election. 60 units. Massachusetts. Quorum for a vote is 51% (31 units.) 4 candidates. Special election.

Quorum was met for an election for the first time at special meeting yesterday. 2/4 candidates didn't show up. I received the most votes, but now board is saying one candidate had to receive 51% of the vote and no one received that so now board will elect the candidate they want. They... View More

0 Answers | Asked in Landlord - Tenant for Massachusetts on
Q: My landlord states I must get rid of my emotional support dog or they will terminate my lease. This stems from complaint

Complaints by one tenant - in a building with 6 units - who claims the dog barks incessantly day and night, is off leash and intrudes on other tenant’s spaces. The dog did try to bite this tenant once but only got his pant leg. Every other tenant disputes the allegations and is prepared to sign a... View More

0 Answers | Asked in Land Use & Zoning for Massachusetts on
Q: does an appeal trigger an automatic stay?

abutter is appealing summary judgement in my favor can building permit still be issued during appeal period?

0 Answers | Asked in Consumer Law for Massachusetts on
Q: If a company tries to fix a problem that started when still under warranty is still there what can I do?

I have a problem with my LG tv, the wireless on it (WiFi Bluetooth etc) cutting in and out and not working correctly, starting when the tv was under warranty. They had an authorized dealer try to fix it twice (I got the tv in 2018, the problems started roughly 8 months later and first attempted to... View More

1 Answer | Asked in Civil Rights for Massachusetts on
Q: Hello, i would like to know in Massachusetts, can i own an AR through a private transfer? All evil features are disabled

Stock is pinned, bayonet lunge is welded off and there is no flash suppressor

James L. Arrasmith
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answered on Feb 23, 2024

In Massachusetts, private transfers of firearms, including AR-style rifles, are subject to certain regulations and restrictions. While it is possible to transfer ownership of an AR-style rifle through a private sale, there are specific laws governing such transactions. Massachusetts has strict... View More

0 Answers | Asked in Employment Discrimination for Massachusetts on
Q: Co worker extremely intimidating uses bully tactics has other employees not talking to me I feel excluded

Nasty looks and I have anxiety every time I go in she's not a manager but I don't have anyone to stick out for me because she threatens and

0 Answers | Asked in Estate Planning and Real Estate Law for Massachusetts on
Q: I am represented in a lawsuit but want to countersue prose in between the suit can I do this in superior court civil

I am being wrongfully sued and realized this can I countersue how do I countersue a civil case in superior court that is active I am not being advocated for

0 Answers | Asked in Employment Law for Massachusetts on
Q: Can my employer ask me to resign? They claim it’s performance issues over the past 90 days (been here 4.5 yrs).

The structure and function of our department has changed due to leadership changes. My role recently changed as well due to the changes, about 90 days ago and I have not been trained and I have been asking for training.

2 Answers | Asked in Intellectual Property and Trademark for Massachusetts on
Q: How does a company protect their unregistered mark (used in commerce) from another company filing with intent to use?

Company A has been using a mark in commerce for a year, but has yet to file for registration. Company B files for the mark (same name and class) with intent to use. It is pending, but has not been assigned an examiner yet. How should Company A protect their mark, and prove they have rightful... View More

James L. Arrasmith
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answered on Feb 23, 2024

To protect their unregistered mark, Company A should gather evidence of their prior use of the mark in commerce. This evidence can include sales records, advertising materials, website screenshots, and any other documentation that demonstrates the mark's use in connection with their goods or... View More

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0 Answers | Asked in Landlord - Tenant for Massachusetts on
Q: how do i challange an eviction in Massachusetts Housing under Rule 59 or 60 or both with motions for vacate/other relief

This is final judgement, execution given. No fault evict

Errors include : incorrectly filing summons/complaint, no service/fraudulent statements by lawyer to act in constable capacity without filing w/ court for such right, gross misconduct of a plaintiff's lawyer, fraudulent... View More

0 Answers | Asked in Landlord - Tenant for Massachusetts on
Q: I want to terminate my lease early and get help with broker entering my unit without my consent.

I am a tenant at an apartment in East Boston. I have lived in this apartment for almost 1.5 years.

0 Answers | Asked in Family Law for Massachusetts on
Q: My sister recently passed. I was appointed legal rep. She only has about 3,000 in her account. Who pay first? Credit?

I did receive a life insurance in my name that i used towards burial. Hospital said their bills might absorb because she has only a little in bank. Not sure where to start

1 Answer | Asked in Family Law and Civil Rights for Massachusetts on
Q: Can dcf ask a caretaker(guardian) for releases for Dr.s, when allegations/case were on the parent?

My daughter got a case open with dcf. During that time I went and got temp guardianship and now have full guardianship for past 7 months. Each month dcf has something new they want in order to close (my daughters) case. Which my daughter is no longer around. They now are asking me to sign releases... View More

James L. Arrasmith
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answered on Feb 24, 2024

Based on the information provided, it does not seem reasonable for DCF to require you as the guardian to sign releases for your medical records or other private information. Some key points:

- The allegations and original case were against your daughter's parent, not against you as the...
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1 Answer | Asked in Tax Law for Massachusetts on
Q: I’m planning to sell my mother’s house in the next few months and want to know if taxes will be incurred?

I’m planning to sell my mother’s house in Massachusetts in the next few months. She transferred the deed to me about 10 years ago so it’s in my name. My question is will taxes be due from the sale of the house and if so, how much? We’re planning to use the proceeds to pay for senior living... View More

James L. Arrasmith
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answered on Feb 22, 2024

When you sell a house that has appreciated in value since it was transferred to you, capital gains tax may be due on the profit from the sale. Since the house was transferred to your name 10 years ago, the cost basis for calculating capital gains would typically be the home's market value at... View More

1 Answer | Asked in Collections for Massachusetts on
Q: Can a finance company go after any non-family members for collection of money owed after death?

My sister passed away. She has no spouse or children. She purchased (through Financing) a car weeks before her death. If repossessed, can the finance company go after any monies due to non-immediate family (niece / nephew) beneficiaries of an insurance or annuity policy?

Christopher Tolley
Christopher Tolley
answered on Feb 15, 2024

Insurance proceeds payable to a named beneficiary pass outside probate and are therefore not reachable by creditors. I assume the same is true for an annuity.

1 Answer | Asked in Municipal Law for Massachusetts on
Q: How the file general municipal 50-H form notice of claim
Tim Akpinar
Tim Akpinar
answered on Feb 25, 2024

A Massachusetts attorney could advise best, but your question remains open for two weeks. It could be difficult for attorneys here to offer assistance with the form within the format of this Q & A forum. It isn't set up for reviewing and sending documents back and forth. Whether you seek a... View More

1 Answer | Asked in Social Security for Massachusetts on
Q: I’m on SSDI. My wife is a Canadian citizen and our son is a dual citizen. Do either of them have to reside in the US…

… for 5 years to be able to receive dependent SSDI payments or social security survivors benefits? Are Canadians exempt from the 5 years residency requirement? Thanks.

James L. Arrasmith
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answered on Feb 22, 2024

For your wife and son to be eligible for dependent SSDI payments or Social Security survivors benefits based on your record, there are specific residency requirements they may need to meet. However, the Social Security Administration (SSA) has agreements with many countries, including Canada, that... View More

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