Massachusetts Questions & Answers by Practice Area


Massachusetts Questions & Answers

Q: my car was hit by a hit & run driver. she is summoned to court. I'm without a car & stressed. Can I sue?

1 Answer | Asked in Car Accidents for Massachusetts on Jul 2, 2015

Answered on Jul 4, 2015

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John M DeProspo's answer
If she has insurance make a claim against her insurance company. If she is uninsured and you have collision coverage on your policy, make a claim with your insurance company. If you were injured in the accident, contact a personal injury lawyer in your area.

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Q: I'm disabled, ergo no funds and can't walk. Is there a lawyer willing to walk me through step by step on how to sue?

1 Answer | Asked in Injury Law for Massachusetts on Jun 29, 2015

Answered on Jul 4, 2015

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John M DeProspo's answer
You should seek a free consultation with a medical malpractice lawyer in your area. You can try the "find a lawyer" tool on this site to search for lawyers. A word of advice... if you are thinking of bringing a medical malpractice case on your own, think twice.

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Q: I have a bk that was discaharged 3 years ago and they are still hanging onto an asset that they can't sell. I

1 Answer | Asked in Bankruptcy for Massachusetts on Jul 2, 2015

Answered on Jul 2, 2015

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Kevin W. Chern Esq.'s answer
The Bankruptcy Code allows a debtor to file a motion to compel abandonment of an asset, if that asset is "burdensome to the estate" or "of inconsequential value". If the trustee has been unwilling to voluntarily abandon the asset, he or she may oppose the motion and attempt to persuade the court that the asset doesn't fall within that description.

*Kevin Chern is Managing Partner of UpRight Law, a national law firm with licensed attorneys providing bankruptcy and consumer legal services...

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Q: My sister-in-law is a derivative beneficiary for petition(i-130) that I filed for my brother.

1 Answer | Asked in Immigration Law for Massachusetts on Jun 19, 2015

Answered on Jun 21, 2015

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Camlinh Nguyen Rogers' answer
Seek for advice from an experience attorney. Good luck. www.aba-us.com

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Q: Can I withdraw from 401k while on SSDI? Or will it affect my monthly benefits?

1 Answer | Asked in Social Security for Massachusetts on Jun 18, 2015

Answered on Jun 19, 2015

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Camlinh Nguyen Rogers' answer
Seek for advice from an experienced social security attorney or locate answers from the Social Security Administration. Good luck. www.aba-us.com

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Q: Can I file bankruptcy on my medical bills and still keep my house?

2 Answers | Asked in Bankruptcy for Massachusetts on Jun 6, 2015

Answered on Jun 7, 2015

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Kevin W. Chern Esq.'s answer
Massachusetts exempts a significant amount of value in your home (meaning that's something you can keep in bankruptcy). Whether or not your home is fully protected depends on the amount of equity you have, but the exemption covers at least $125,000, and in some cases $500,000 in equity, so most people are able to keep their homes while discharging debts like medical bills and credit card debt.

Homeowners who have too much equity to file for Chapter 7 bankruptcy can often get relief...

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Q: My husband had a working visa before getting his green card through our marriage. Does he needs to change his passport?

1 Answer | Asked in Immigration Law for Massachusetts on May 18, 2015

Answered on May 18, 2015

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David N Soloway's answer
Having an expired visa in one's passport is inconsequential when the person seeks to re-enter the U.S. with a valid passport and Alien Registration Card (a "Green Card").

In keeping with Justia policy, this communication is intended as general information and not legal advice, and it does not create an attorney-client relationship.

David N. Soloway

Frazier, Soloway & Kennedy, PC

Atlanta, Georgia

www.fspklaw.com

dsoloway@fspklaw.com

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Q: Five years ago I was attacked while at work by a customer. Suffered broken bones Is it to late to file a claim?

1 Answer | Asked in Injury Law for Massachusetts on May 12, 2015

Answered on May 12, 2015

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John M DeProspo's answer
File a claim against whom? The person who assaulted you? It would be too late for that as the statute of limitations in your state is 3 years from the date of the occurrence. Did you not file a workers compensation claim?

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Q: My girlfriend and I want to get married. I'm currently in the US on a j1 visa (2 years rule does not apply).

1 Answer | Asked in Immigration Law for Massachusetts on May 4, 2015

Answered on May 5, 2015

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Camlinh Nguyen Rogers' answer
Seek for opinions from an experienced immigration attorney. Good luck. www.aba-us.com

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Q: WHAT IF COURT APPOINTED SPECIAL MASTER REFUSED TO SEE EVIDENCE OF MISSING ESTATE ITEMS

1 Answer | Asked in Estate Planning for Massachusetts on Apr 9, 2015

Answered on Apr 23, 2015

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Matthew L Fabisch's answer
While the details of your question are a little vauge, depending on the circumstances, you might have a right to appeal the special master's determination to the judge overseeing the case or to the appeals court. A consult with an experinced probate attorney should be able to clear up what options might be available to you. However, it is important to note that in Massachusetts appellate rights must be exercised in a timely fashion (most often either a 10 or 30 day window, though the time...

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Q: Hi. i stayed over 6 months in US by B1. i get US in Nov7, 2013 and left Nov5, 2014. My fiancé in US. How we can marry?

1 Answer | Asked in Immigration Law for Massachusetts on Feb 25, 2015

Answered on Mar 2, 2015

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Camlinh Nguyen Rogers' answer
The stated facts create a complex case. Complete contact form at http://aba-us.com/contact/?lang=en to learn how we proceed with your case. Good luck.

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Q: I'm a stay at home mom who hasn't worked in 4 years. My husband wants a divorce, my child attends school from 9-12.

1 Answer | Asked in Family Law for Massachusetts on Jan 20, 2015

Answered on Feb 12, 2015

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Miguel Nieves' answer
You should receive some type of support. This is a great forum for general legal questions. However, it sounds as if you will need more detailed assistance. You should contact an experienced family attorney in your area to discuss your case.

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Q: My 19 year old son is no longer going to College and recently moved out of his mother's house and got an Apt.

2 Answers | Asked in Family Law for Massachusetts on Feb 11, 2015

Answered on Feb 12, 2015

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Miguel Nieves' answer
You should file a Complaint for Modification immediately if your son has moved out of the custodial parent's home permanently. It is likely he is now emancipated. However, if he moves back with the custodial parent and/or continues with college he may become un-emancipated again.

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Q: Can I apply for the citizenship now if I became a permanent resident in January 2012 (almost 3 years, short of 3 months)

1 Answer | Asked in Immigration Law for Massachusetts on Oct 14, 2014

Answered on Feb 7, 2015

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Tanvir Joshi's answer
Disclaimer: The following advice is for informational purposes only and should NOT be relied on as legal advice. No attorney-client relationship is formed through these questions and answers. Check our website http://www.joshilawfirm.com to contact us and discuss your case in detail.

Did you became permanent resident through marriage?

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Q: Can an illegal immigrant succeed in getting a child support order against a legal resident? s s

1 Answer | Asked in Immigration Law for Massachusetts on Nov 13, 2014

Answered on Jan 30, 2015

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Miguel Nieves' answer
The court will not take into account your immigration status. You should file you complaint for child support immediately.

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Q: I-485 - Have you ever knowingly committed a moral turpitude crime without being arrested?

1 Answer | Asked in Immigration Law for Massachusetts on Jan 26, 2015

Answered on Jan 30, 2015

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Miguel Nieves' answer
Was this a criminal or civil matter? It would be best to run a CORI to see exactly what happened in that case and see if there is any other record. You should also get a complete copy of the file from the court in which you appeared and take the copy to an experienced immigration attorney. You will need a certified copy of the disposition as well.

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Q: Can i move out of the house before divorce

1 Answer | Asked in Divorce for Massachusetts on Dec 5, 2014

Answered on Jan 30, 2015

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Miguel Nieves' answer
You can certainly move out of your home whenever you want. However, there are numerous considerations you have to take into account. You have not provided much information. Are children involved? Is the home owned or rented? Who will pay the utilities? Are they in your name? Will you contribute to the mortgage/rent once you move out if your wife cannot afford it?

You would be best served to speak with a divorce attorney to discuss your options.

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Q: Will the court order a freeze on my husbands assets while we are in separation? and by law he can not remove his 401 k

1 Answer | Asked in Divorce for Massachusetts on Jan 9, 2015

Answered on Jan 30, 2015

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Miguel Nieves' answer
In every divorce action, an automatic restraining order becomes effective against the plaintiff upon the filing of a complaint, and against the defendant upon service of the summons and complaint on the defendant.

To paraphrase, the order prevents:

1. Either party from selling, transferring, encumbering, concealing,assigning, removing or disposing of any property belonging to either party, except:

o As required for reasonable expenses of living;...

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Q: If my mum was born in usa.and left when she was 3 years oldwould I her daughter.have claim to usa citizenship..

1 Answer | Asked in Immigration Law for Massachusetts on Dec 6, 2014

Answered on Dec 8, 2014

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Stephen Baird's answer
You should consult with an experienced immigration lawyer about the specifics of your situation, but as a general matter children of US citizen parents can acquire citizenship at birth even if they are born outside of the US. In order to claim their US citizenship, these children must apply for a Certificate of Citizenship. Whether or not you are eligible to do this will depend on the specific facts of your situation, and is something that can't be answered through brief online inquiries like...

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