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Massachusetts Questions & Answers
1 Answer | Asked in Probate for Massachusetts on
Q: Does a successful motion-to-dismiss cancel a pre-trail in Massachusetts?
Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 16, 2021

Yes.

1 Answer | Asked in Probate for Massachusetts on
Q: In Massachusetts can poorly written objections (contesting a will) be dismissed with out a pre-trail.

Objection states no wrong-doing nor does it offer any evidence of wrong-doing. It only implies wrong-doing. Is there a process in which pre-trail can be canceled? Can an order of dismissal be serviced without conference/pre-trail?

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 16, 2021

If the Appearance and Objections/Affidavit were timely filed then a Motion to Strike may work.

1 Answer | Asked in Criminal Law and Probate for Massachusetts on
Q: What lawyer/lawyers would I need to help my partner sell his house he has inherited while he is incarcerated. Thank you

My partner is currently incarcerated, he has inherited a house from his father who recently passed, who wants to take completely ownership of the house and sell it. How does the process work and what lawyer/lawyers would I need to contact to do this. Is it best to have probate or criminal law... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 15, 2021

He needs a probate attorney to help him get the house transferred from his father's estate and into his name, and then he needs a real estate attorney (and maybe also a real estate broker) to help him sell the house.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: US citizenship application and IRS foreign income reporting

Hello, my wife has been a permanent US resident (green card) for over a decade. During this time, she has neglected to report her foreign income from her country of origin. She is now considering applying for US citizenship. Might that trigger a closer look into her foreign income? Is it better for... Read more »

Agnes Jury
Agnes Jury answered on Jun 15, 2021

USCIS will look at the last 5 years of tax returns for sure. It would be wise to hire the assistance of an immigration attorney and Certified Public Accountant to address this issue and help her reach her goal of citizenship "safely". Best wishes!

1 Answer | Asked in Child Custody for Massachusetts on
Q: If my custody agreement doesn’t have a specific pick up time listed for vaca can I ask to have my child at 5am

There isn’t a time listed but date is approved.

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 15, 2021

So if this is an unusual time for pick up for regular visitation then the other party may not agree to provide the child at that hour.

1 Answer | Asked in Medical Malpractice for Massachusetts on
Q: Could I potentially have a malpractice claim?

Went to ER with abdominal pain. They only did a pelvic US & pregnancy test. No bloodwork. Doctor felt my stomach & said it was a gynecological issue & when I asked if it could be appendicitis he said no since the pain was lower than appendix pain. Told me to follow up with OBGYN... Read more »

Michael O. Smith
Michael O. Smith answered on Jun 14, 2021

Sorry to hear about your situation and the complications you are experiencing. Clearly, you have suffered damages. The question will be whether the staff at the initial ER visit deviated from the standard level of care and due to their alleged mistake in failure to diagnosis, you were harmed.... Read more »

2 Answers | Asked in Car Accidents and Personal Injury for Massachusetts on
Q: Is a deposition necessary when a party is accepting liability in a car accident?
James A.  Swartz
James A. Swartz answered on Jun 10, 2021

Presumably, the nature and extent of your damages (injuries) remain contested. Therefore, at a minimum, counsel for the defendant will want to ask questions about your medical care, treatment, diagnosis, prognosis. Also, some details of how the incident occurred, and resulting vehicle damage,... Read more »

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2 Answers | Asked in Immigration Law for Massachusetts on
Q: was born in canada and have canadian pasport. bin in the us since i was 5 and have a green card perminent resident. also

bin married for over 30 years to my wife who is a born in the us and an american citizen. do i have to take a citizenship test ?

Adan Vega
Adan Vega answered on Jun 9, 2021

The information that you have posted indicates that you appear to be a permanent resident

and not a U.S. citizen.

You will need to file the FORM N-400 with USCIS if you wish to obtain U.S. citizenship. The FORM N-400 will provide you with information regarding eligibility for...
Read more »

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1 Answer | Asked in Landlord - Tenant and Probate for Massachusetts on
Q: My mother died in January of covid.

My mother was in a nursing home for 3 years when she died. My brother asked to move into her home 2 years ago. My mother has a will, but my sister and I were concerned because my brother is a person who does not pay his bills. We had the estate lawyer draw up an agreement that basically said my... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 8, 2021

As PR you may seek an equity action against him for losses to the estate and seeking to offset against his share of the estate under the Will.

2 Answers | Asked in Family Law and Civil Litigation for Massachusetts on
Q: What if I filed a complaint but no answers have come in and it is 35 days now. What do I do now?
Anthony C. Adamopoulos
Anthony C. Adamopoulos answered on Jun 7, 2021

Assuming you are talking about divorce, "filing a complaint" is not enough to get what you call "answers" and the Rules call "Defendant's Answer".

Have you received and served, according to the Rules, a Summons?

It looks like you are not prepared...
Read more »

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1 Answer | Asked in Real Estate Law and Banking for Massachusetts on
Q: There has been no answers and the 20 days is now 35.
Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 7, 2021

No question is posed to respond to .

1 Answer | Asked in Child Custody, Child Support and Divorce for Massachusetts on
Q: Family/Divorce: Hi, I am finalizing divorce in Canada but we are both Americans. Can my ex file for divorce in US?

How to protect my parenting rights agreed on if in different jurisdiction?

We are relocating to US, different states!

Thanks

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 4, 2021

If the children were not living in Massachusetts for the last 6 months or more, Massachusetts would not have jurisdiction of the children unless the parties agree or agreed that Massachusetts would have jurisdiction .

1 Answer | Asked in Estate Planning, Family Law, Child Custody and Child Support for Massachusetts on
Q: If divorced parents were approved to withhold child support, can a support order be modified saying they did not pay?

If there is a uniform support order, and divorce was mediated and both parents waived having one pay child support, with notations by the Judge in the order, can another person modify the order stating that the parent didn't ever pay child support? The parent who supported is deceased.

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 2, 2021

This is a very confusing question , particularly if a Modification is being sought against an estate? If there is not an order of child support, is there an order relative to life insurance?

2 Answers | Asked in Immigration Law for Massachusetts on
Q: i came in the united states when i was 11 years old now I'm 20 can i do anything to get a citizenship or get close to

the only thing I've done is file for an ITIN number but other than that everything has been done by my family but it feels like there is so many opportunities that I'm missing out on that my family is not a aware off.

Kyndra L Mulder
Kyndra L Mulder answered on Jun 2, 2021

DACA?

Provisional Waiver?

Consultation with an experienced Immigration Attorney?

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1 Answer | Asked in Traffic Tickets for Massachusetts on
Q: Why would a dismissed speeding violation still appear on RMV website as money owed?

State Trooper didn't show up to either hearing and was dismissed by judge at second hearing. This was 2 years ago.

Lissa McKinney
Lissa McKinney answered on May 29, 2021

Most likely it was communicated wrong from the Court or someone else possibly used your name/ID and had another ticket. It is possible that you didn't pay the appeal fee as well and that is what is owed. If you defaulted on a speeding ticket your license would not be renewed until it was... Read more »

1 Answer | Asked in Medical Malpractice for Massachusetts on
Q: What is a "Theory of negligence"? Part of a request from a Medical Insurance provider. Is this done by an attorney?

Follow up on a claim made with/against a surgeon.

Tim Akpinar
Tim Akpinar answered on May 26, 2021

A Massachusetts attorney could advise best, but your question remains open for three weeks. In general terms, a theory of negligence is the general legal theory on which med mal cases are based. The theory involves the existence of a duty of medical care, and a breach of that duty that results in... Read more »

2 Answers | Asked in Intellectual Property for Massachusetts on
Q: Can we use the term "battle bots" to describe remote control wooden "bots" that kids build at our makerspace?

Middle school kids learn engineering skills by building remote control "bots" that battle in an "arena" and have fun. We are a 501(c)(3) non-profit and do not do TV shows or compete with BattleBots TV show. We are a STEM education center. Is it trademark infringement to adopt... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on May 26, 2021

I would recommend you don't

Very likely to run into problems

Consult with an attorney to evaluate your situation

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1 Answer | Asked in Employment Law for Massachusetts on
Q: can an employee legally waive their break if working six hours or more?

would my employer get in trouble if i waived my breaks? i work 8 hours a day in MA and prefer to not take breaks

Rhiannon Herbert
Rhiannon Herbert answered on May 26, 2021

Federal law does not require employers to offer any break periods to employees, so whether you are offered or take breaks does not give rise to any legal claim in and of itself. However, if you are told you must take breaks, then you can disciplined if you do not do so. In addition, while employers... Read more »

1 Answer | Asked in Estate Planning for Massachusetts on
Q: In writing a will that would include property in two states, NH and Mass, would I need an attorney licensed to practice
Nina Whitehurst
Nina Whitehurst answered on May 25, 2021

The will only need to comply with the laws of the state in which you reside when the will is made. HOWEVER, do understand that if you create a will-based estate plan, then your estate will have to undergo the probate process in two states (every state in which you own real property). You can... Read more »

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