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Massachusetts Questions & Answers
2 Answers | Asked in Criminal Law for Massachusetts on
Q: Brother being charged with 2 counts of murder and something else. Self defense. Low income family. Need help

He has a public defender. Being denied funds by judge to help in his defense to prove innocence. Happened in his home, attacked by three other men. Hasn’t even been to trial. He knows he took two lives, one man survived whom he didn’t even know. He owed one of the now deceased money. Whole... Read more »

Gary Kollin
Gary Kollin answered on Oct 15, 2019

Even if he had a private lawyer, he would still not receive the funds.

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2 Answers | Asked in Immigration Law for Massachusetts on
Q: I have a green card, can i apply for a green card for my chinese fiance?

she is from china and living in US on H1B visa. she has two years left on her H1B visa. how long will it take approximately to get her green card. thank you

Stephen Arnold Black
Stephen Arnold Black answered on Oct 15, 2019

Retain counsel anywhere in the USA for representation.

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2 Answers | Asked in Real Estate Law, Civil Rights, Elder Law and Gov & Administrative Law for Massachusetts on
Q: in MA an offer was placed on my property on 8/9/19 we are now well passed the 45 days agreed upon for closing.

Closing was set for tomorrow 10/16/19. i have done repairs and updates to the lawful expectations of the original inspection in a timely manner by my agents father who i paid for his services. My real estate agent has not been forthcoming about many items through this process. A week ago the buyers... Read more »

Christopher Tolley
Christopher Tolley answered on Oct 15, 2019

I strongly suggest you contact a lawyer to represent your interests as soon as possible. The agent/broker is supposed to be working for you, the seller, and no one else. Most P&S agreements state the buyer is prohibited from entering the premises and/or doing work n the premises with the Seller's... Read more »

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1 Answer | Asked in Child Support and Divorce for Massachusetts on
Q: My ex husband died last month owin 8,000 in back child support. He owned the house with his brother which will be sold.

We all lived in MA & The house is in MA. My ex husband and i have 2 children who are 17 and next of kin for his assets which were under 25,000, there was no will. His brother is now sole owner of home but is going through a divorce and house will be sold. Can i put in a claim through the house for... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 15, 2019

You should hire a probate practitioner as there is a specific way to perfect a claim against an estate that must be followed . Was his brother a joint tenant of the real estate? If not then he may not be the sole owner.

2 Answers | Asked in Estate Planning and Probate for Massachusetts on
Q: Ex-husband died, we had 2 kids. His live in girlfriend put all of his assets in storage & claiming they were hers.

We all live in MA, we had twin daughters who are 17 & will be 18 in Feb. He had no children with his girlfriend who lived with him. He definitely had less than $25,000 worth of assets & no will. He had a camper/rv that I was told she transferred the title to herself after his death & she put most... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 13, 2019

You really need to hire an attorney to help you with this. Even if he had a will that left everything to the girlfriend, you at least can make a claim for the unpaid child support. If he did not have a will then most likely his children should get everything.

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2 Answers | Asked in Estate Planning and Probate for Massachusetts on
Q: Is the executor required to notify beneficiaries of what is happening with the estate?

My father passed away 3/2018, and the executor of my dad's estate is my estranged sister. So far, instead of contacting her, I have called the law office for the case to get updates. But for several months now, it appears that my sister has instructed them to not even answer the phone when I call.... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 9, 2019

Hire a local probate attorney to look at the file for you and bring you up to date. The attorney can also file for you a request to receive notice of proceedings.

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1 Answer | Asked in Divorce for Massachusetts on
Q: Hello! I just received an answer but have a question about the answer... (Thank you btw)

This is the answer: The Court Order would normally state who is responsible for payment for the therapy services. If it is silent then it would be treated like other medical services.

I don't know what 'silent' means?

TIA!!!!

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 7, 2019

"Silent" means if the Order does not so state.

1 Answer | Asked in Child Custody for Massachusetts on
Q: Is it legal for a parent to “spank” a four year old with a hard wooden spoon to g t him to be potty trained ?
Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 7, 2019

Corporal punishment is not a favorable method and may be considered abuse or neglect especially if it is not a singular isolated instance and is a practice. The child could be harmed physically and emotionally. Consult your child's pediatrician on potty training techniques.

1 Answer | Asked in Criminal Law for Massachusetts on
Q: I had a dui/driving to endanger charge in Massachusetts. The court dropped all charges. Now ROMV wants me to take a

an alcohol evaluation from a licensed therapist. How can they do that??

Dakota Martin
Dakota Martin answered on Oct 6, 2019

The RMV makes its own rules...basically.

Make sure you find the right therapist and answer his or her questions satisfactorily.

You got this.

1 Answer | Asked in Divorce and Child Support for Massachusetts on
Q: If my ex needs to go to therapy for a fractured relationship with our child, am I responsible for half ?

We do share medical expenses, but is therapy included in that umbrella?

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 4, 2019

The Court Order would normally state who is responsible for payment for the therapy services. If it is silent then it would be treated like other medical services.

1 Answer | Asked in Public Benefits and Social Security for Massachusetts on
Q: Is my wife eligible for Social Security Disability?

My wife, 57, is legally blind. Her vision has steadily gone downhill for 15-20 years and hasn't driven since 2005. She hasn't worked since 1995 after our second daughter was born.

L. David Ferrari
L. David Ferrari answered on Oct 3, 2019

Maybe, but unlikely. If she is qualified for disability for medical reasons, because she has not paid into Title 2 AKA SSDI since 1995, she would not qualify financially. The other benefit available IF she medically qualifies, is Supplemental Security Income AKA Title 16 or SSI.

SSI is...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: My friend has an expired green card with red extension sticker on back. If he travels to China, problem returning?
Hector E. Quiroga
Hector E. Quiroga answered on Oct 3, 2019

Technically, no. The date should extend the deadline of his green card so that it is no longer expired. The only issue we see is if something comes up as a result of the investigation into his continued eligibility for permanent residence.

1 Answer | Asked in Child Custody for Massachusetts on
Q: Hello I am wondering about custody agreements. My exhusband doesn’t follow the agreed to schedule of custody.

Our agreement states he is to have custody certain days and hours. He often doesn’t take him at all with little or no notice. It is effecting my job. He also does not cover his half of medical or other expenses. My son has some health issues and this expense can be a lot. I can’t afford an... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 3, 2019

It appears that he is in Contempt of your agreement if it was embodied in a Court Order or Judgment. If so, you can file a Contempt Complaint and also a Modification petition of Visitation and also potentially of Child Support if your child's health issues will be ongoing for a significant period... Read more »

1 Answer | Asked in Consumer Law for Massachusetts on
Q: purchased 4 shoes for $1650 and shipped to a friend for $2235, all 4 are fake, I got refunded for 1, what should I do?

The seller is based out of California, I live in Massachusetts, my friend who these were shipped to lives in New York, I bought the 4 pairs mid August, after getting in the shipment we found out 1 was fake right away, I refunded my friend $950, after waiting 3 weeks the seller sent a compensation... Read more »

Christopher Tolley
Christopher Tolley answered on Sep 30, 2019

Keep after the seller online and by text, but if he/she does not respond, file a small claims complaint and seek multiple damages under G.L. c. 93A, the Massachusetts unfair and deceptive acts statute. The clerk may be willing to help you fill out the small claims form. If/when you get a judgment,... Read more »

1 Answer | Asked in Car Accidents for Massachusetts on
Q: I was in a car accident & now have osteonecrosis. I now realize it was from the accident what do I do?

I have sickle cell anemia but I had no complications until after the accident. The side of the impact is the side where my osteonecrosis ended up in my shoulder and knee. This left me in a ton of pain and now I have to change my way of life. I want to know what a good amount of money is to settle... Read more »

Michael O. Smith
Michael O. Smith answered on Sep 29, 2019

There are a number of factors to consider when evaluating a motor vehicle injury claim. First, you will need to establish the operator of the second motor vehicle caused the accident and is 100% liable for the accident. You will also need to know the amount of insurance coverage there is... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: I'm on pretrial probation I missed a drug test my tril is set for October 9th to be dismissed. Can I turn my self in on

Will they move my trial up and put me in jail for pretrial probation violation

Lissa McKinney
Lissa McKinney answered on Sep 28, 2019

They will not usually move up a trial dates as they are booked so tight. It sound like maybe you were on a pre trial diversion or given opportunity to not have case on record but the failure of doing thre drug test could be huge impact. You best have a very good explanation for missing it. IF you... Read more »

3 Answers | Asked in Divorce for Massachusetts on
Q: If both parties want a divorce and don’t share any assets or kids do they still have to give financial documents?
Julia Rueschemeyer
Julia Rueschemeyer answered on Sep 24, 2019

Yes, you do have to give financial statements. This is the only way that the court knows your financial situation and can judge whether a divorce agreement is fair.

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1 Answer | Asked in Estate Planning and Tax Law for Massachusetts on
Q: Can remainderman living in home 5 years as a care giver get the capital gains exemption if house is sold prior to death

I am a remainderman on my mom's life estate. She sold the house to my brother and I 17 years ago for $1 and kept a life estate. I have lived here for 5 years as her caregiver until she went into a nursing home. We have to sell the house prior to her passing because we can't keep it. So, if it... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 24, 2019

Yes, the Section 121 capital gains exclusion applies to remainder interests. Here is an excerpt from that statute:

(8) Sales of remainder interests For purposes of this section—

(A) In general

At the election of the taxpayer, this section shall not fail to apply to...
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1 Answer | Asked in Child Custody for Massachusetts on
Q: My ex lost child to CPS. I was contacted. How do I go about getting custody back from the state?

12 years ago my girlfriend left me and moved away with the child. No idea where. She remarried, had another child, did the same thing to him. He reached out and we tried to track her down unsuccessfully. Found out from him that he left her after she became an addict. She's also been committed for... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 23, 2019

You need to establish paternity as it appears you have not done so before. You will also need to seek custody and cooperate with the DCF. I urge you to engage counsel ASAP.

1 Answer | Asked in Child Custody for Massachusetts on
Q: My parents have had custody for 5.5 years.....alot of stuff has gone down but i recently moved in with my parents

In doing so i realized my parents are now alcholics and they verbally abuse me and have outrageous standards and rules for me....I pay child support.....i pay for them for taking care of my son (who i want back mind you) but I am trying to get out of fighting them i want them to just give him to... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 23, 2019

Is this a guardianship of minor case? If so then you can petition the Probate Court and if you are indigent you can also request counsel be appointed on your behalf.

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