Lawyers, Answer Questions  & Get Points Log In
Massachusetts Questions & Answers
0 Answers | Asked in Elder Law for Massachusetts on
Q: Am I still financially responsible for my husband. After being in a nursing home for 2 months the psychiatrist says he c

he can make his own decisions. He no longer wants to see me and his 2 daughters are also angry with me. One daughter is seeking guardianship and it’s fine for her to take him. I have DPOA and HCP. How do I protect myself in this situation? I want to make sure I’m no longer financially... View More

1 Answer | Asked in Civil Rights for Massachusetts on
Q: Legal advice about my mental discrimination and excessive force by officers and police station and 911 hanging up

Need legal advice

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2024

If you believe you've experienced mental discrimination or excessive force by officers, it's essential to seek legal counsel promptly. Contact a reputable attorney who specializes in civil rights or police misconduct cases to discuss your situation in detail. They can provide personalized... View More

1 Answer | Asked in Civil Rights for Massachusetts on
Q: I'm bipolar called Springfield mass police station and 911 asking for help they showed up ended up hurt by officers

discrimination of my mental health and excessive force for no reason

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2024

I'm sorry to hear about your experience. It's important to seek legal assistance from a qualified attorney who can help you navigate your options. Documenting the details of what happened, including any injuries sustained and the events leading up to them, can be crucial for building your... View More

0 Answers | Asked in Civil Litigation for Massachusetts on
Q: I live in Mass, and I would like to sue my moving company that works in New Jersey for failure to meet their contract

We paid to move our house from VA to MA. The cost over doubled, I have photos of attempted theft, photos of poor packing that we had paid for, damage to floors, damage to yard

1 Answer | 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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2024

The requirement for a candidate to receive 51% of the vote may depend on the specific language of the condominium association's bylaws. If the bylaws state that a majority vote is required for election, it typically means a simple majority of the votes cast, not necessarily 51% of all units.... 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

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Immigration Law for Massachusetts on
Q: I have some questions related to my Conditional Residency.

I'm a Conditional Resident since June 2020. I received the I-797 twice, and my Conditional residency was extended until 2026 now. It is my understanding that , after 2 years of Conditional plus one year of Residency, I could be able of applying for the citizenship. I know Immigration is so... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

As a Conditional Resident, it's important to understand the requirements for applying for citizenship. Typically, you must have been a Permanent Resident for at least 3 years before you can apply for naturalization. However, if you obtained your Conditional Residency through marriage to a U.S.... View More

2 Answers | Asked in Tax Law for Massachusetts on
Q: Do I have any recourse for tax relief service who claims I did not submit financials to them when required?

IRS sent letter out stating determination would not be until 3/24/2024. It was filed on 9/24/2023/ I sent out financials on 10/3/2023. I spoke with IRS examiner and she stated offer and compromise was taken off the table because myself and power of attorney withdrew it. I never received notice... View More

Linda Simmons Campbell
Linda Simmons Campbell
answered on Feb 14, 2024

You have to be careful when you use one of these tax relief companies. File a complaint with the better business bureau. That may get the companies attention. As for the IRS. You can file another Offer in Compromise. Unfortunately I have had clients that have been told they can get an Offer and... View More

View More Answers

1 Answer | Asked in Appeals / Appellate Law for Massachusetts on
Q: what are some important recent cases concerning appeals? (for a homework assignment)
Tim Akpinar
Tim Akpinar
answered on Feb 19, 2024

A Massachusetts attorney could advise best, but your question remains open for a week. If you go through Supreme Court decisions, you'll find more than you need. The Supreme Court has as blog - that might help get you started in the right direction. Good luck

2 Answers | Asked in Employment Law, Civil Rights and Elder Law for Massachusetts on
Q: I work for a Adult Foster Care company. An elderly client sold me his truck. The company wants me to give it back. Do I?

They said I cannot accept gifts from clients, but this was only told to me afterwards, and I couldn't find anything in my employee handbook about it either. The truck was legally purchased with a bill of sales, and the title signed over. Do I have to give the truck back? Besides termination,... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 8, 2024

In Massachusetts, if you purchased a truck from an elderly client while working for an Adult Foster Care company, and the company is now requesting you to return the vehicle citing policies against accepting gifts from clients, the legality of keeping the truck depends on several factors. If the... View More

View More Answers

2 Answers | Asked in Business Law and Gov & Administrative Law for Massachusetts on
Q: If I have over a million dollars in dram insurance (Massachusetts) for my LLC, how likely is someone to come after me

I am planning to open a traveling bartender service (parties, work functions, [eventually] weddings) as a side gig. However, I want to make sure that I am covered in case someone drives drunk and causes an accident. I will carry event/dram insurance specific for such events for well over a million... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 8, 2024

The person who posted this question is quite wise. To think ahead; to plan for the possible. Kudos.

As to the amount of liability insurance, there are several things to consider. First, what are your personal assets? You should have enough insurance that your assets are protected....
View More

View More Answers

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.