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Massachusetts Questions & Answers
1 Answer | Asked in Probate for Massachusetts on
Q: HOW MUCH SHOULD IT COST TO DO PROBATE IN MA FOR MY WIFE? NEED TO GET THE HOUSE IN MY NAME.

ALL OTHER PROBATE WAS ALREADY HANDLED BY CT PROBATE LAWYER AND COURT. ONLY NEED HOUSE CHANGED TO MY NAME, UPDATE ANY TAX RECORDS IN TOWN AND CHANGE TO MY NAME ON MORTGAGE DOCUMENTS. NEED A PROBATE LAWYER WITH REAL ESTATE EXPERIENCE TOO?

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 14, 2020

So was there a Connecticut estate? She was a Connecticut resident? If so you would need to file an Ancillary Estate here in Massachusetts to effect the change in title unless you were in a joint tenancy or a tenancy by the entirety- you have

not so indicated,

1 Answer | Asked in Child Custody for Massachusetts on
Q: Can I lose custody of a my child in MA because I moved into an RV?

I have primary physical custody. I recently had to move out of my apartment. I moved into an RV that I wanted to live in full time with my child. I lost my job in March because of the pandemic and have not since found employment, but actively looking. I moved out of my apartment last month because... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 13, 2020

In and of itself, this is not an issue unless the child is adversely affected by the move or if the public school system -if applicable to your child -will not accept that you are a resident in the location of the campground. It is unclear why you would have moved from your apartment at this time... Read more »

Q: How do I go about filing an appeal on DCF? I am involved in case on which I am NOT the supported person of neglect.

Domestic violence with my children's father, in which I am the victim, have landed DCF in my life for the third time.

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 6, 2020

This is actually an area of specialization. However, briefly, if you are within 30 days of the supported finding of abuse or neglect you can ask for a fair hearing and if the finding is adverse at the fair hearing, then the Superior Court would be involved if an appropriate appeal of the hearing... Read more »

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1 Answer | Asked in Civil Rights, Personal Injury and Small Claims for Massachusetts on
Q: Does using a person’s deadname in a school yearbook constitute any legal action?
Tim Akpinar
Tim Akpinar answered on Jul 2, 2020

A Massachusetts attorney could advise best, but your post remains open for two weeks. In terms of practicality, it would be a case that presents challenges. In terms of textbook law, it could depend on the mental state with which it was done, on one end being innocent oversight to the other end... Read more »

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: Basically if I lost someone’s dog and we weren’t able to find it could I be sued?
Joanne Belasco
Joanne Belasco answered on Jul 2, 2020

A situation like that really depends on the details. Dogs are considered property in Massachusetts, so it's similar, as awful as this sounds, to losing someone's property. Anyone can sue, so it comes down to whether you would be found responsible for the loss. And, as I said, that really... Read more »

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Is it possible for me to travel to Norway to renew my visa and come back to America before or during janurary?
Stephen Arnold Black
Stephen Arnold Black answered on Jul 2, 2020

A non expired Visa is only required to enter the country whereas the i94 card/stamp controls your authorized duration of status. They are 2 separate things. More information is needed as to what is expiring and what the reasons are for your exit and reentry strategy are. Discuss with counsel.

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: What should I do? I think I may be sued. Her dog is worth 1600 but she didn’t have a chip

Ok so I have this friend whom I’ve known for a while were not best friends but I’ve always been able to lend a helping hand, she asked me if I could watch her dog around late November, she didn’t have anywhere to put him at the time. Due to financial reasons, and living on college campus. I... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 2, 2020

I'm not sure exactly what you're asking, but if you have been charged with a crime, you should speak to a criminal defense attorney.

2 Answers | Asked in Business Formation, Business Law and Internet Law for Massachusetts on
Q: Should I include any sort of legal text/disclaimer on my clothing store website?

I'm starting my first online clothing store. Should I include any sort of legal text on my website? My brand is not trademarked yet, I live in the US, and I'll be shipping to ePacket countries. Thank you!

William Scott Goldman
William Scott Goldman answered on Jun 30, 2020

Trademark protection is always recommended, including searching for any potentially-confusing marks. Otherwise, terms of use, privacy policy and such should all be considered for an e-commerce site. Please call or email if you need assistance with any of the above.

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1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: If somebody gives me a dog as a gift how do I get it registered under my name

Someone gave them the dogs and then they gave me the dog how would I get the dog into my Name

Joanne Belasco
Joanne Belasco answered on Jun 29, 2020

I can't answer your situation specifically because you aren't my client. Generally speaking, there are various ways to prove dog ownership, such as being the owner on a microchip ID, being listed as an owner at the vet, registering the dog with the city or town to get a dog license, and... Read more »

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: My sister was given a dog to foster in 2016, the owners later gave the dog to us. My sister moved out.

- my sister moved out and left the dog to me. I then moved out due to family problems. And they dog is still there. I come by regularly and see the dog. I want to take her back from my Grandmother and I feel like there might be some issues. What could I possibly do about this situation? The place... Read more »

Joanne Belasco
Joanne Belasco answered on Jun 29, 2020

I can't give you legal advice on your exact situation because you aren't my client. Generally speaking, a dog is considered property in Massachusetts. That means someone has to show they own the dog in order to take that dog away from someone else. In dog cases, it's usually easier... Read more »

1 Answer | Asked in Child Custody for Massachusetts on
Q: How does probate court for custody work in Massachusetts

My son is almost 4 and has lived with me his whole life, along with his mother This past January she had gotten us evicted and I have my own apartment, she took my son and is living in a shelter Using my child to get herself state housing, while I work 40 hours a week How can I get to see... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 29, 2020

Has paternity been acknowledged? If not, then you should commence a Paternity proceeding and request visitation and child support orders to be entered upon a paternity finding. The law in unmarried situations is that the mother is the sole custodial parent, however, upon a showing that you were... Read more »

1 Answer | Asked in Foreclosure for Massachusetts on
Q: Hello! My parents had a reverse mortgage and I'm told an heir can buy the house. Can I negotiate the price?

can I negotiate a price due to the shape it is in? It needs a lot of work. I had it appraised, but it's still too much. Also, who holds the deed to the house. The heirs or the bank. I have seen enter into a deed instead of foreclosure, but I want to buy the house. Any help would be great.... Read more »

Kimberly Winslow
Kimberly Winslow answered on Jun 24, 2020

Typically in a reverse mortgage scenario, the borrower does not Deed the property to the bank. It remains in their name. Deeds are public record, and quickly accessible online. http://www.masslandrecords.com/ Click on your county and search with name or address.

In most cases, when...
Read more »

1 Answer | Asked in Contracts, Immigration Law, Business Law and International Law for Massachusetts on
Q: Would any one have any contact for pro bono lawyers in South Africa (Pretoria) for US citizens

One of my US citizen friends is currently in Pretoria and has urgent legal trouble. He has contacted the US consulate for weeks, which at this time is only overwhelmed and has provided no help. thank you

Tim Akpinar
Tim Akpinar answered on Jun 22, 2020

There is an organization - Pretoria Society of Advocates. They are known as the Pretoria Bar. They could be a starting point in your friend's search. If they do not know of such attorneys or resources on how to locate them, maybe they could direct your friend to a different bar association or... Read more »

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Selling my home in MA. Are the appliances considered 'personal property' and 'as is' if left w the home?

inspection already done. We are leaving appliances w house. Purchase and Sale agreement signed and will close in 3 weeks. We allowed buyers to have a decorator come in to measure, etc. Apparently, she saw a small amount of water by the fridge and wants us to have an appliance repair person come to... Read more »

Christopher Tolley
Christopher Tolley answered on Jun 22, 2020

You do not have a legal duty to obtain the opinion of a professional if your P&S states you are selling the appliances 'as-is' at the time of inspection, reasonable wear and tear excepted, no warranties or representations.

To keep the peace, if you are still residing in the...
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1 Answer | Asked in Copyright for Massachusetts on
Q: I want to open a sub shop that has the name Gremlin Grub Stop. Gremlins* seems to be trademarked by warner bros. issues?

would i need permissions

John Brian Hudak
John Brian Hudak answered on Jun 19, 2020

One can commit trademark infringement if there is use of a mark where: (a) the mark is the same as -- or similar to -- another mark; and (b) that use will cause likelihood of confusion to a potential consumer, that both marks are indicating a common source of the goods/services.

In addition...
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1 Answer | Asked in Probate for Massachusetts on
Q: Heirs at law question. My cousin Susan recently passed away. She had no husband, no children, no siblings

And her Parents died before her. She has 6 first cousins. 2 cousins died before Susan (both had husbands and children) and 1 cousin died after Susan (had a husband and son). Who are the heirs?

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 19, 2020

Assuming she had no living great grandparent and no living aunts or uncles, or great aunts or uncles the living first cousins coming from the grandparents would take. See the Massachusetts degrees of kinship chart MPC 960

2 Answers | Asked in Immigration Law for Massachusetts on
Q: I'm in process of filling N400 and I realized never singed up for selective service. how can I prove Wasn't aware of it

I've been married to US spouse for the last 3 years and I'm in the process of filling N400 and I just realized never applied to selective service since I never heard of it. I got my green card when I was 24 years old and I am currently 26 years. What should I do ?

Kevin L Dixler
Kevin L Dixler answered on Jun 17, 2020

You may have to wait a bit longer, unless you unknowingly registered at the time that you consular processed your visa. If you filed for adjustment of status, then you were obligated to take action. I strongly recommend an appointment or teleconference with a competent and experienced immigration... Read more »

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1 Answer | Asked in Car Accidents for Massachusetts on
Q: Hello , I was driving down a state street in Massachusetts and a street light fell onto my car and totaled it (windy)

My insurance company said it was totaled so I had to purchase a new car . I was not hurt but wondering if there’s anything I could sue for ?

Tim Akpinar
Tim Akpinar answered on Jun 17, 2020

A Massachusetts attorney could best advise, but your post remains open for two weeks. As a general premise of insurance law, if a claimant is indemnified for a loss by the carrier, they aren't generally able to seek money for those very same damages elsewhere. But that is a simplified... Read more »

1 Answer | Asked in Employment Law for Massachusetts on
Q: my employer has failed to pay me for hours I worked 6 weeks ago, what are my options?
Carrie Dyer
Carrie Dyer answered on Jun 17, 2020

Generally, you must be paid at a rate of no less than minimum wage for all hours worked. Failure to pay you for work you performed 6 weeks ago is a violation of the Fair Labor Standards Act. You should contact an employment lawyer in your area to discuss your situation and inquire about violations... Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: Filed for divorce, moved out dec 2019 Wife dating someone. Does that affect the divorce in any way?

Assets include 401k tsp plans. 2 minor children

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 16, 2020

If the other person is cohabiting then that affects alimony and if the person is a risk to the children or the children are not doing well with this individual being around them, then custody can be affected. If wife is spending monies on this other person that affects equitable distribution to... Read more »

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