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Massachusetts Questions & Answers
0 Answers | Asked in Libel & Slander, Civil Litigation and Personal Injury for Massachusetts on
Q: Could this statement in an email to a lawyer be considered libel regarding influencer and undue influence on aunt's will?

Could the following statement in an email to a lawyer be considered libel, considering there is underlying evidence that was not included in the email: "Did you know the influencer actively sought to influence all of my aunt’s decisions, including whether or not she should have... View More

0 Answers | Asked in Consumer Law for Massachusetts on
Q: Expired beer served by bar without notice; options for legal recourse.

I recently consumed expired beer that was served by a bar without any notice to customers. Although I did not experience any adverse effects, I am certain the beer was expired. I have not yet contacted the bar about this issue. Is there any legal recourse available for this situation?

0 Answers | Asked in Consumer Law for Massachusetts on
Q: How to service/replace faulty Junichy humidifier under Amazon warranty?

I purchased a Junichy humidifier through Amazon on January 15, 2025. The device has stopped working, and I'm having difficulty finding a way to get it serviced. The manual provided an email address (support@Junichy.com) but I haven’t been able to connect with the manufacturer through this... View More

0 Answers | Asked in Landlord - Tenant and Real Estate Law for Massachusetts on
Q: Can I request my security deposit back while still residing in my Massachusetts apartment, given no info on deposit handling?

I have been residing in my apartment in Massachusetts since August 2019, and I paid a security deposit at the time of moving in. I have never received any communication or documentation from my landlord about the handling of the security deposit or which bank it is held in, despite Massachusetts... View More

0 Answers | Asked in Gaming, Civil Litigation and Criminal Law for Massachusetts on
Q: Friend gave me money to gamble, banned from casino, pressing theft charges

I have a gambling problem, and my friend, who is banned from the casino, gave me money to gamble for him. I lost both his money and mine in the process. There was no specific agreement on what would happen if the money was lost. Now, he is pressing charges for theft and has threatened to have my... View More

0 Answers | Asked in Appeals / Appellate Law, Nursing Home Abuse, Family Law and Personal Injury for Massachusetts on
Q: Can I appeal a guardianship case to gain custody of my grandmother in a Massachusetts nursing home?

I am trying to appeal a guardianship case for my grandmother, who was placed in a nursing home with a court-appointed guardian. I was never notified about her situation until last year. My guardianship case was dismissed two days ago, not due to any fault on my part, but because her children... View More

0 Answers | Asked in Probate for Massachusetts on
Q: Can executor fiancé collect mail and keep estate keys during probate objection?

I have concerns regarding the actions of the executor of an estate, who is the decedent's fiancé—not a family member. The estate is currently undergoing probate objection, with family members contesting it. The fiancé, named as executor in the will, is collecting all the decedent’s mail... View More

2 Answers | Asked in Immigration Law for Massachusetts on
Q: Will my future child be eligible for U.S. citizenship at birth given my and my parents' residency history?

I am a U.S. citizen who lived in the U.S. for 10 years, all of which were before I turned 14. I am married to a non-U.S. citizen, and we currently reside in the UAE. I visit the U.S. every year or every other year. My American parents both lived in the U.S. for 15 years – all of those years were... View More

Nahirobi Altagracia Peguero Luciano
Nahirobi Altagracia Peguero Luciano
answered on Apr 18, 2025

Your future child will not automatically become a U.S. citizen at birth because you do not meet the physical presence requirement. However, since your parents are U.S. citizens, who lived in the U.S. for 15 years after age 18, you can apply for your future child’s citizenship after his birth and... View More

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Massachusetts on
Q: Can I get bail if I turn myself in after cutting GPS monitor and leaving for a year?

I was on pre-trial probation with a GPS monitor for accessory after the fact attempted murder, with conditions of 24/7 house restriction and a bail initially set at $3,500. After spending a year and a half away due to an unstable home situation, I've decided to turn myself in. No attempts have... View More

Joseph B. Simons
Joseph B. Simons
answered on Apr 18, 2025

It will be an uphill battle, but turning yourself in will help. You may want to get some character letters and a college transcript to assist your lawyer in making a strong bail argument.

1 Answer | Asked in Workers' Compensation and Personal Injury for Massachusetts on
Q: Can I sue the insurance company for negligence due to inadequate lighting at work?

I am currently receiving workers' compensation from my employer for an injury that occurred due to inadequate lighting on the stairs at my workplace. On November 4, 2024, I fell and suffered severe injuries, including tearing the quadriceps tendons from my kneecaps. My company has been paying... View More

Michael Levin
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Michael Levin
answered on Apr 18, 2025

The short answer to your question is no, you can't sue your employer's workers' comp. insurance for the poor lighting. The long answer is more complicated. First, you wouldn't be suing your employer's workers' comp insurance for the poor lighting; you would be suing... View More

0 Answers | Asked in Criminal Law for Massachusetts on
Q: How to get boyfriend out on bail from county jail?

My boyfriend is in Cumberland County Jail without bail due to a previous disorderly conduct charge, which I believe is false. He hasn't gone to court yet for either the disorderly conduct or the current situation. There are no other charges that I know of that would prevent him from being... View More

1 Answer | Asked in Employment Law and Collections for Massachusetts on
Q: How can I recover unpaid wages from my employer in MA?

I'm seeking legal advice regarding my employer's failure to pay me. I have been waiting for over two months to receive my earnings, which total over $2000. I did receive a partial payment on April 1 but was not paid for that day's work. My employer claims they haven't received... View More

Joseph Perl
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Joseph Perl
answered on Apr 17, 2025

In MA, if an employer does not pay wages to their employee when due, the employee is entitled to triple the amount of wages that are past due. Look into the MA wage act. They are also not allowed to fire you for pursuing your legal right to back pay, since that is a separate violation. Before you... View More

1 Answer | Asked in Immigration Law, Criminal Law and Traffic Tickets for Massachusetts on
Q: Concerned about naturalization application issues relating to past criminal trespass and speeding violations.

I am applying for naturalization (N-400) and I'm concerned about a few issues. In 2014, I was involved in criminal trespass in the third degree in Alabama, which was discharged with "dismissal on costs" totaling $328.00 plus a $100 bonding fee. In 2019, I received a speeding... View More

James L. Arrasmith
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answered on Apr 16, 2025

You do not need to withdraw your naturalization application based on these incidents alone. U.S. Citizenship and Immigration Services (USCIS) looks at your overall moral character during the statutory period—typically the five years leading up to your application. Minor traffic violations, such... View More

3 Answers | Asked in Civil Rights, Criminal Law, Traffic Tickets and Personal Injury for Massachusetts on
Q: Officer threatened me during a traffic stop; seeking damages and accountability.

During an unlawful traffic stop, the officer threatened to assault me, claiming to smell marijuana and said he would rip me out of the car if I didn't give it up. I told him multiple times that I don't smoke and had nothing in the car. I received a ticket but successfully contested it... View More

Lissa McKinney
Lissa McKinney
answered on Apr 14, 2025

This seems pretty outrageous as you describe it! There are other ways to press the complaint, epending on how you already went about it, which you do not describe. You can also file a complaint at the POST Commission here: https://policecomplaints.mass.gov/complaint and let them look into it, or... View More

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2 Answers | Asked in Immigration Law for Massachusetts on
Q: How to terminate a U.S. removal case from Canada?

I have a past removal case in the U.S. (Boston Immigration Court), but I no longer live in the U.S. I'm currently a protected person in Canada and have no plans to return or seek immigration status in the U.S. How can I formally request termination of my U.S. removal case? Do I need to file a... View More

Monica E Rottermann
Monica E Rottermann
answered on Apr 13, 2025

Yes, you would have to file a motion to terminate with the immigration court and also serve the motion on the Department of Homeland Security along with your evidence. You should be aware though that despite no longer being in the United States, case law does allow the judge to issue a removal... View More

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3 Answers | Asked in Trademark and Intellectual Property for Massachusetts on
Q: How long is a trademark valid in the USA for an existing owner?

I'm looking to understand how long a trademark is valid in the USA, specifically for one that I currently own.

Alan Harrison
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answered on Apr 13, 2025

As long as you use it, for the goods or services for which you use it.

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1 Answer | Asked in Probate, Real Estate Law and Public Benefits for Massachusetts on
Q: How to probate intestate brother's estate with minimal assets in Massachusetts?

My brother passed away intestate and unmarried, with no living parents or children. I'm his only sibling, but I live in another state. He had very little money, his car was recently totaled, and he lived in state housing while receiving state healthcare. How do I proceed with probate given... View More

James L. Arrasmith
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answered on Apr 12, 2025

In Massachusetts, if your brother died intestate with minimal assets, you may be able to use a simplified process called *voluntary administration*. This is available when the estate’s total value is $25,000 or less (not including one car), and there is no real estate involved. You can file a... View More

1 Answer | Asked in Landlord - Tenant, Small Claims and Real Estate Law for Massachusetts on
Q: Can I sue my landlord in MA for not returning security deposit interest after moving out over 3 years rental?

I rented an apartment in Massachusetts and moved out on January 31st after providing more than 30 days' notice. There wasn't a written lease agreement. All communication with my landlord was via text messages. Despite requesting my security deposit and interest back twice, the landlord... View More

James L. Arrasmith
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answered on Apr 12, 2025

Yes, you may have grounds to sue your landlord in Massachusetts for not returning your security deposit interest. Under Massachusetts law, landlords are required to return the security deposit, along with any interest accrued, within 30 days of the tenant moving out. If the landlord fails to do... View More

3 Answers | Asked in Criminal Law for Massachusetts on
Q: Charged with gun possession; gun found in gym bag at previous residence.

I was charged with gun possession after a gun was found in a gym bag with my name tag in a house where I previously stayed as a roommate. I was unaware of the gun being placed in the bag. The person who found the gun reported it, mentioning my belongings were also at the house. However, the gun was... View More

Joseph B. Simons
Joseph B. Simons
answered on Apr 12, 2025

First, I’m sorry to hear that you are being charged with a crime you didn’t commit. No attorney can give you odds of success. However, I’ve tried a number of gun cases with similar and worse facts and ended up with acquittals, so you definitely have a decent shot at walking away from this.... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: Seeking pro bono lawyer to revise custody and support agreement in MA.

I am a single mother seeking a pro bono lawyer to help me in court to revise my child support and custody agreement. My child's father, whom I consider a narcissist, currently pays child support that is too low to meet our needs, and he has custody on weekends while I have none. There have... View More

James L. Arrasmith
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answered on Apr 13, 2025

I understand how difficult it must be to navigate custody and support issues while trying to make sure your child's needs are met. In Massachusetts, there are a number of resources that offer free legal assistance for individuals in situations like yours. You may want to start by contacting... View More

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