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Massachusetts Questions & Answers
1 Answer | Asked in Immigration Law, Child Custody, Civil Rights and Family Law for Massachusetts on
Q: Seeking legal protection and custody advice in unstable marriage due to threats and racial hostility.

I am a Nigerian immigrant with a 10-year green card expiring in 2033, married to an American citizen, and the father of a nearly two-year-old son. My marriage has become unstable, marked by my spouse's threats to expel me from our home, including one real incident. Additionally, I face racial... View More

James L. Arrasmith
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answered on Apr 5, 2025

First, your safety and your child's well-being come first. If your spouse is threatening you or has forced you out of your home, you can contact local authorities or a family court to seek a protective order. This can help prevent future incidents and give you legal grounds to stay in the home... View More

1 Answer | Asked in Landlord - Tenant, Public Benefits and Real Estate Law for Massachusetts on
Q: Co-tenant left, rent based on their income, options in MA housing.

I live in Massachusetts under state housing authority, and my boyfriend, who was a co-tenant, left without notice. Both of us were on the lease, and my rent was calculated based on his income. Since he left, my income has significantly decreased, but the housing authority is still making me pay... View More

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answered on Apr 12, 2025

In this situation, you should immediately inform the housing authority that your co-tenant has left and explain that your income has decreased. Since your rent was originally calculated based on both of your incomes, the housing authority may need to reassess your eligibility and rent amount. You... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Massachusetts on
Q: Who is responsible for rent if a co-tenant leaves in Massachusetts?

I live in Massachusetts and my roommate and I are both on the lease. My roommate has decided to leave. Given this situation, who is responsible for paying the rent that is owed?

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answered on Apr 12, 2025

In Massachusetts, if both you and your roommate are on the lease, you are both legally responsible for paying the full rent, even if one of you decides to leave. The landlord can hold either or both of you accountable for the entire rent amount, regardless of the roommate’s departure. This means... View More

1 Answer | Asked in Gov & Administrative Law, Constitutional Law and Civil Litigation for Massachusetts on
Q: Seeking relief from firearm disabilities in MA with a felony conviction.

I am seeking relief from firearm disabilities through the state or courts in Massachusetts. I understand that the Firearm Licensing Review Board (FLRB) will not review applications for felony convictions. I have a felony conviction, and I am looking for guidance on what legal options may be... View More

James L. Arrasmith
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answered on Apr 7, 2025

In Massachusetts, a felony conviction does create significant challenges when seeking relief from firearm disabilities. As you mentioned, the Firearm Licensing Review Board (FLRB) will not review applications involving felony convictions. However, there may still be some potential legal avenues for... View More

Q: Tenant dealing with secondhand smoke in a non-smoking building seeks advice.

I am a 75-year-old tenant of the Arlington Housing Authority. I've been complaining about a heavy tobacco smell in the hallway in front of my apartment since last July. My lease states that smokers in this non-smoking building will be evicted, yet despite my numerous emails to the landlord,... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you're dealing with a difficult situation, especially given the impact the secondhand smoke is having on your health. Since your lease specifically prohibits smoking, and you've already made numerous attempts to address the issue with both the landlord and housing... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Massachusetts on
Q: Do I have a malpractice case from a hospital misdiagnosis in November 2024 in Boston, MA?

In November 2024, I was brought to a hospital in Boston, MA, unconscious from a slip and fall. I was mistreated due to being mistaken for a different patient with the same name. Despite repeatedly giving my name, I was misdiagnosed after an X-ray, which missed my fractured hip. I was left on a... View More

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answered on Apr 12, 2025

What you went through sounds traumatic and unacceptable, and it's understandable that you’re still seeking answers. In Massachusetts, medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in harm. Based on what you've... View More

2 Answers | Asked in Medical Malpractice, Personal Injury, Identity Theft and Consumer Law for Massachusetts on
Q: Do I have a case for medical mistreatment and misidentification after a hospital visit in MA, November 2024?

In November 2024, I was brought to a hospital unconscious by ambulance after a slip and fall. At the hospital, my identity was mistakenly recorded, despite providing my legal name multiple times. My fractured left hip was initially missed in the x-ray, and I was left on a stretcher, ignored despite... View More

Christopher Tolley
Christopher Tolley
answered on Apr 2, 2025

This is a question for a medical malpractice attorney. I think we are not supposed to give you actual names of attorneys but if you check the internet the big local firms will come up, Lubin & Meyer, Crowe & Haris, etc. Try one of them.

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2 Answers | Asked in Business Law, Personal Injury and Insurance Bad Faith for Massachusetts on
Q: As next of kin, do I have rights to view my deceased father's life insurance policy held by his ex-girlfriend in Massachusetts?

As the next of kin, do I have the right to view a life insurance policy on my deceased father that is held by his ex-girlfriend? He passed away unexpectedly without a will. They were in a long-term domestic partnership, and I suspect she may have removed me as a beneficiary without informing me or... View More

Tim Akpinar
Tim Akpinar
answered on Apr 5, 2025

A Massachusetts attorney could advise best, but your question remains open for a week. Until you are able to consult with a Massachusetts attorney for state-specific guidance, in most places, the carrier won't share that info with anyone who is not designated on the policy as a beneficiary.... View More

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1 Answer | Asked in Child Support and Family Law for Massachusetts on
Q: How does relocation affect my Massachusetts child support order?

I have a court order in Massachusetts requiring me to pay child support for my two college-attending children. I plan to voluntarily relocate across the country within the next year, and I would like to modify the child support order due to my relocation. I am currently estranged from my children... View More

James L. Arrasmith
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answered on Apr 13, 2025

Relocating across the country can potentially affect your child support order, especially if the relocation impacts your ability to visit or communicate with your children. However, child support orders are typically based on the financial needs of the children and the parents' ability to pay,... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: Can an employer in MA force PTO use when total hours exceed bi-weekly requirement?

I was hired for a 20-hour per week position and am paid bi-weekly. Due to department shortages, I worked 32 hours in week one and 12 hours in week two of the pay period. My employer is forcing me to use 8 hours of PTO to make up for "missing" hours even though my total for the pay period... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Massachusetts, employers generally have the right to set their own policies regarding the use of Paid Time Off (PTO), especially in the absence of a contract or union agreement. However, it’s important to note that your employer cannot force you to use PTO if you’ve already worked enough... View More

1 Answer | Asked in Libel & Slander, Civil Rights and Personal Injury for Massachusetts on
Q: Can I sue my pharmacist for libel and slander after false drug-seeking accusations?

I would like to know if I can sue my pharmacist for libel and slander. I have a brain injury that causes short-term memory loss. Recently, when I called my pharmacy to refill a prescription, the pharmacist accused me of drug-seeking behavior and yelled at me. Despite explaining my condition and... View More

James L. Arrasmith
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answered on Apr 2, 2025

You may have grounds for a valid defamation lawsuit against your pharmacist based on the facts you've described. In California, defamation requires proving the pharmacist made false statements that damaged your reputation, which appears supported by their unfounded drug-seeking accusations... View More

1 Answer | Asked in Libel & Slander and Personal Injury for Massachusetts on
Q: Can I sue my Walmart pharmacist for libel and slander in Massachusetts?

I would like to know if I can sue my Walmart pharmacist for libel and slander. I called the pharmacy to check if my prescription could be filled, and the pharmacist accused me of drug-seeking, despite my explanation of having a brain injury and short-term memory loss. He proceeded to call my doctor... View More

James L. Arrasmith
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answered on Apr 13, 2025

You may have grounds to pursue legal action for libel or slander, but it will depend on whether the pharmacist's statements were false, harmful, and made with the intent to damage your reputation. For slander, the false accusations need to have been made verbally, and for libel, they would... View More

2 Answers | Asked in Probate and Bankruptcy for Massachusetts on
Q: Received estate distribution but not an heir, what are my options?

I was listed as an heir in an estate and received around $60,000 over four distributions across four years; the last distribution was two years ago. Recently, I discovered through DNA testing that I am not actually an heir. The estate is not finalized yet, and I have contacted the executor about... View More

Timothy Denison
Timothy Denison
answered on Apr 2, 2025

Don’t do anything until or unless you are contacted about it. You may not have to repay the money at all.

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1 Answer | Asked in Civil Litigation, Probate and Real Estate Law for Massachusetts on
Q: I received $60k as heir, later found not biological daughter. No will, no formal request for repayment yet. Options?

I believed my father was my biological father; we were estranged until I was 40 but developed a father-daughter relationship for 5 years until he passed away. I was listed as an heir to his estate and received about $60k in distributions over 6 years. Recently, I was asked to take a DNA test to... View More

James L. Arrasmith
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answered on Apr 12, 2025

The situation you’re facing is undoubtedly complex, but there are options to consider. Since there was no will and you were listed as an heir, it's important to understand how the estate was being handled and under what legal framework. Typically, if you were treated as a legal heir and... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: Is it legal to dock pay for late clock-in and not pay for late clock-out in MA?

I am an hourly employee working at a high school in Massachusetts where I clock in and out for every shift. If I clock in five minutes late, my pay is docked, but when I clock out 10 to 15 minutes late due to finishing work, I don't receive extra pay. I have not seen any HR communication about... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Massachusetts, employers are required to pay employees for all hours worked, including any time worked beyond scheduled hours. If you clock out late due to completing work duties, you are entitled to compensation for that additional time. Conversely, docking pay for late clock-ins is permissible... View More

1 Answer | Asked in Civil Rights and Gov & Administrative Law for Massachusetts on
Q: Seeking guidance on handling a false threat accusation from housing authority employee.

About two weeks ago, I received a letter from the housing authority inviting me to a meeting after an employee falsely accused me of threatening them. I am seeking guidance on how to address this accusation and request an apology. What steps should I take to resolve this issue effectively?

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answered on Apr 1, 2025

You find yourself in a precarious situation that requires careful navigation of the administrative procedures governing housing authorities. False accusations of threats can potentially jeopardize your housing status and must be addressed promptly with proper documentation and a strategic approach.... View More

3 Answers | Asked in Criminal Law and Civil Rights for Massachusetts on
Q: How can I petition the court to restore my firearm rights after felonies in Massachusetts?

I am trying to petition the court to restore my firearm rights after a felony conviction for possession of ammunition, possession with intent to distribute a Class E substance, and two school zone violations in 2013. I have completed my probation, which ended in 2016. My attempt to expunge the... View More

Neil F. Faigel
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Neil F. Faigel
answered on Mar 27, 2025

In order to attempt to regain your firearm license the first step should be to apply to your local licensing authority. Most likely, the police department. If it is then denied, an appeal to the applicable court would be the next step.

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1 Answer | Asked in Civil Rights and Gov & Administrative Law for Massachusetts on
Q: How long to wait to lift a restraining order in Massachusetts?

I would like to know how long a person must wait before they can have a restraining order, issued in Massachusetts for a year, lifted against them. There have been no changes in circumstances since the order was issued, and there have been no previous attempts to modify or lift it.

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answered on Mar 27, 2025

When you want to have a restraining order lifted in Massachusetts, there's no mandatory waiting period before you can request this change. You have two main options for addressing the restraining order situation.

If you're the defendant (the person against whom the order was...
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1 Answer | Asked in Probate for Massachusetts on
Q: Question about executor rights in Massachusetts estate probate with filed objection.

My question concerns the probate of an estate where an objection was filed for undue influence involving a fiancé, who was also named as the executor. The decedent's will names the fiancé and goddaughter as beneficiaries, but an aunt is mentioned as an heir. Although the objection and... View More

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answered on Apr 13, 2025

In Massachusetts, once a will enters probate, the executor has a legal responsibility to manage the estate according to the decedent's wishes. However, if an objection has been filed, especially for undue influence, the situation becomes more complicated. While the court hasn't issued a... View More

1 Answer | Asked in Education Law and Gov & Administrative Law for Massachusetts on
Q: Can paraprofessionals in MA public schools deliver IEP services?

Can a paraprofessional in a public school be listed in the C-grid as delivering instruction, or are they only allowed to assist after a licensed professional has introduced the material? I'm inquiring about the general policy on whether paraprofessionals can deliver any IEP services.

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answered on Apr 13, 2025

In Massachusetts, paraprofessionals can support students with IEP services, but their role is typically to assist under the supervision of licensed professionals. Paraprofessionals are not generally responsible for directly delivering instruction or IEP services on their own. They are meant to... View More

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