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Massachusetts Questions & Answers
1 Answer | Asked in Traffic Tickets for Massachusetts on
Q: Can I take the defensive driving course to get a ticket removed from my record in Mass?
Lissa McKinney
Lissa McKinney
answered on Jan 16, 2025

No, tickets will always remain on a driving record, and there is no know method of having them removed or expunged. This is because insurance, civil, and criminal decisions can be made based on a driving/rmv record, regardless of how old it is. At a clerk's hearing on a traffic ticket, the... View More

1 Answer | Asked in Estate Planning and Probate for Massachusetts on
Q: Do I have a strong enough case to overturn a will?

A family member died last year and left everything to his fiance of about 10 years and his goddaughter. His fiance never let the family know he died, even to this day. He left nothing to the family. He never bought the house. The house was bought by his father, and he merely inherited the... View More

Anthony M. Avery
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answered on Jan 15, 2025

You have not stated any grounds for a Will Contest. Unless you are a next of kin or have another Will, you have no standing to file suit anyway. Contact a competent MA attorney with the facts, including the kind of assets involved.

1 Answer | Asked in Estate Planning and Tax Law for Massachusetts on
Q: Are decedent's Fed. and Mass. Income tax refunds received after they died taxable, and how?

Together decedent's Federal and Massachusetts income tax refunds received after their death total $1587.00, plus $25.00 in federal interest on the late refund. Is the Personal Representative, required to report the refund amounts as income on Federal Form 1041, income taxes for the estate? and... View More

James L. Arrasmith
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answered on Jan 14, 2025

Yes, as the Personal Representative, you need to report the tax refunds and interest as income on Federal Form 1041 for the estate. The $1,587 in federal and Massachusetts income tax refunds, along with the $25 federal interest, should be included in the estate's income since they relate to... View More

1 Answer | Asked in Estate Planning and Tax Law for Massachusetts on
Q: Will has direct skip, of R.E. Must transfer be reported if exclusions result in no taxes due on it or on the estate?

For a testator who died in 2024, without a spouse, and if there had been no generation skipping transfer, would not owe estate tax or have anything, (no gifts), requiring that a federal Form 706 be filed, because the net estate, (less than 500k) is well below the decedent's lifetime exclusion... View More

James L. Arrasmith
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answered on Jan 14, 2025

In your situation, even though the estate and the generation-skipping transfer are below the applicable exclusion amounts, filing requirements may still apply. Generally, Form 706 must be filed if the gross estate exceeds the filing threshold for the year of death. However, since your net estate is... View More

0 Answers | Asked in Contracts and Employment Law for Massachusetts on
Q: Union Contract states a certain salary. Management says it does not apply to me.

The contract specifically states that if my organization reaches a certain population, my position elevates to a different pay rate. Previously, a different position stated that if that population happens, that the person would elevate to a different position, but it needed to happen by August 1.... View More

0 Answers | Asked in Child Support for Massachusetts on
Q: Can I file complaint for contempt regarding child support without representation?

I spent tens of thousands on my lawyer first time around - and still feel my child's well being was not the priority. I have no funds remaining and am now in tremendous debt. I have contacted several agencies offering free family law support. None have availability to assist. My ex has ignored... View More

1 Answer | Asked in Child Support for Massachusetts on
Q: Can I file a complaint for contempt in MA for child support without legal representation?

I am unable to afford legal representation and have contacted multiple organizations offering free services - none of which are able to offer me services at this time. I understand I have burden of proof. The Agreement states clearly what the obligations are. There have been multiple aspects he has... View More

Brian Waller
Brian Waller
answered on Jan 17, 2025

You can absolutely file for contempt without an attorney. A Complaint for Contempt is on the easier end of the spectrum compared to other types of cases in Probate & Family Court because the issues tend to be pretty discrete.

You will first need to show that there was an order in...
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0 Answers | Asked in Probate for Massachusetts on
Q: Rights to reopen closed estate and administration

Just brought to my attention an estate that was closed on 3/18/2024. There is a question on the will. There are reasons to believe it’s not the original one as well as the signature being the original. There is a question on the asset and waiver if the gentleman knew what he was signing.... View More

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Massachusetts on
Q: How do I determine the amount of rent for a 1 bedroom heated first floor 900 sq ft off street prking in a 02119 zip

if the tenant provides these services

snow removal as needed

bimonthly lawncare: landscaping, mowing ,hedging,

trash removal to curb

tenant pays gas and electric bills

0 Answers | Asked in Business Law for Massachusetts on
Q: Is it legal for my small business employer to cut my hours and change my schedule upon returning from PFML?

I took paid medical time off for surgery on my left shoulder which was injured from work. Upon my return, my employer has cut my hours from 20 to 15 and has changed my entire schedule around. Do I have any legal recourse in this situation? Would I qualify for partial unemployment?

0 Answers | Asked in Landlord - Tenant for Massachusetts on
Q: Can I (as a brand new tenant) as my landlord to replace kitchen appliances because of a bug infestation?

We have lived here for less than a week, and noticed a roach infestation immediately.

0 Answers | Asked in Elder Law for Massachusetts on
Q: i am dealing with a MA question about elder law

mom signed a change of DPA, and health care proxy when she was supposed to be taking her antipsychotics but was not

3 Answers | Asked in Immigration Law for Massachusetts on
Q: Does H1b Extension of Stay have to be approved for a new employer to apply for Change of Employment?

I am on H1b visa since Oct 2021. My status was going to expire on Sept 30th, 2024. My current employer applied for a Extension of stay and the USCIS sent I-797C receipt notice on August 16th. The case is still pending so I don't have I-797A approval notice. I got a new job and they are filing... View More

Andrew L Wizner
Andrew L Wizner pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 9, 2025

USCIS regulations offer the possibility of H-1B portability, meaning that an H-1B worker who is changing employers may start work for the new employer while its petition is in process, provided that the new employer's petition was filed while the H-1B worker is still maintaining status and has... View More

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0 Answers | Asked in Traffic Tickets for Massachusetts on
Q: I just got a Massachusetts uniform citation due to speeding ticket. Citation type is all civil infractions.

700CMR709/RR shows warning. Does it affect my insurance?

0 Answers | Asked in Elder Law and Sexual Harassment for Massachusetts on
Q: Does the law trump a HIPPA contract
0 Answers | Asked in Family Law for Massachusetts on
Q: If someone takes a proxy out on a step parent, can the blood relationship daughter still have rights of their mother?

Step Daughter says, my Sister should give up rights to our mother, which she wants to. My question is, I am also my mother's biological daughter. if I felt Step daughter was not having mother's best interest, can I contest the proxy?

0 Answers | Asked in Education Law for Massachusetts on
Q: Is it legal to use short clips from gunsmoke in a free educational documentary film for school?

short clips and some music from Gunsmoke. Do I need copyright consent or can I use this content under the Fair Use?

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