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Massachusetts Questions & Answers
1 Answer | Asked in Probate for Massachusetts on
Q: Can I file a Small Estate Affidavit in Rhode Island if Iive in Massachusetts?

My brother recently died. He was a resident of Rhode Island. He had a vehicle and a small checking account. Total value of both @ $3000.00. No debt other than a small hospital bill. The issue is I live in Massachusetts. I have no relatives in Rhode Island. Can I still file a Small Estate... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 25, 2020

You really should be inquiring of a Rhode Island attorney for this information.

1 Answer | Asked in Banking, Business Law, Contracts and Real Estate Law for Massachusetts on
Q: We have signed a P&S to sell a building in MA. The deposit check is in foreign currency. Can we void the contract?

The buyers declared residency as being CA, but have moved out of the country without disclosing that information to us. We're being told the check could take 6-8 weeks to clear. It has not been deposited. Their lawyer has not responded since we contacted them about the foreign bank/foreign currency.

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 24, 2020

You need counsel to review the terms of your offer and acceptance and purchase and sale agreement carefully. Don't do anything at all yourself in this situation without good representation.

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Is it illegal for someone to do something if you said that you would commit suicide if they did it?

Someone threatened to send private 18+ photos to my parents and my university. I publicly tweeted that I would commit suicide if they did that. They saw my tweets and apologized and said they will not be sending anything. Then they did send private 18+ copyrighted photos to my university two weeks... Read more »

Lissa McKinney
Lissa McKinney answered on Sep 24, 2020

It is unclear their legal liability unless you actually did do as you promised- which you did not. Still their was a risk to lief, and many questions were left open by the Michelle Carter case a few years ago, re: encouraging suicide. the larger issue might depend on the content of the pictures,... Read more »

1 Answer | Asked in Traffic Tickets for Massachusetts on
Q: I’m waiting on a court hearing for a speeding ticket. Will I be able to renew my car registration before the hearing?

I got pulled over about 5 months ago for speeding and I still havnt received a date for a court hearing. My car registration just expired and I need to renew it. Will I be able to renew it while waiting for the court hearing or will the ticket prevent me from renewing the registration?

Lissa McKinney
Lissa McKinney answered on Sep 24, 2020

You can absolutely register the car!! The pending speeding ticket will not prevent this. Many ticket hearings are backed up due to Covid. Be sure you sent it in on time, kept a copy of the ticket, and know what court to call if you dont hear from anyone within the month. You should have heard from... Read more »

1 Answer | Asked in Adoption and Child Custody for Massachusetts on
Q: I need a affordable child custody attorney I am trying to get custody of my 10 yr old son hes being abused and neglected

I understand how my child is and how he acts and listens to me

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 23, 2020

If you are in the Bronx and the child is living in New York you will need an attorney in New York as soon as possible.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Regarding property quitclaims

My mother passed away this January and her property deed lists one of my other sisters, JB, and myself. The third sister, TH, was not on the deed, but was left everything in my mother's will, including her property. I found out that deeds take precedence over wills in MA.

JB filed a... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 23, 2020

Without seeing this deed it is difficult to respond to the question other than to state that it seems that JB deeded her interest to your other sister TH and that you should still have your undivided interest in tact now along with your other sister TH instead of JB .

1 Answer | Asked in Divorce for Massachusetts on
Q: if my spouse sold the house and kept the money in the middle of our divorce also only reported 1/4 of the money .
Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 23, 2020

You have not stated whether there is a divorce compliant pending and if so this home sale unless you agreed to sell same is a violation of the automatic asset restraining order which is stated on the divorce summons and would be a contempt - your attorney can file same and note that the proceeds... Read more »

1 Answer | Asked in Personal Injury for Massachusetts on
Q: Can a MVA claimant come after a separate insurance policy (different carrier/vehicle) for their "loss"?

Was in MVA in Massachusetts. My vehicle in accident had "full coverage" to Mass standards. My name was on another vehicle as a co-borrower with a separate insurance policy (different carrier, different vehicle) and person suing me wants to come after the policy for the OTHER vehicle... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 21, 2020

A Massachusetts attorney could advise best, but your question remains open for two weeks. As a general matter nationwide, I believe your understanding of the operation of insurance coverage is correct, particularly since the carriers are different. At this point, you've probably turned the... Read more »

1 Answer | Asked in Adoption, Family Law and Child Custody for Massachusetts on
Q: If my mom is in jail can a friend of mine get guardianship of me

I am 16 my mom left me in the care of a relative without birth certificate or social security card and I have been out of school for a year and am currently living with a friend who is filing for guardianship and feel unsafe goin back to my mom. How long will this process take and can or will they... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 21, 2020

If the Court finds the petitioner for guardianship to be suitable and in your best interest after first having the petitioner appointed temporarily usually there would then be a trial date for appointment of a permanent guardian for you until age 18. Sometimes the parent(s) assent to temporary or... Read more »

1 Answer | Asked in Immigration Law for Massachusetts on
Q: My daca renewal is delayed... what can I do?

I filed for my DACA renewal in May 2020, a little bit more than 150 days before my current EAD expires. My EAD expires in October 2020. I have only received notice of action I-797C, and not form I-797 that would say I was approved. Is there an automatic extension given to Daca recipients due to the... Read more »

Kyndra Mulder
Kyndra Mulder answered on Sep 19, 2020

If your new card does not arrive in time call the 1 800 number and make an info pass appointment at your local USCIS. You may be eligible to receive a stamp in your passport indicating an extension.

2 Answers | Asked in Criminal Law for Massachusetts on
Q: If a family member was murdered, how can a relative find out information about the case or about the progress of a case?
Joseph B. Simons
Joseph B. Simons answered on Sep 18, 2020

The relative should be able to get an update on the case by going to the clerk's office at the courthouse where the case is pending and asking to look at the file.

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: Husbands biometric appt was cancelled for Covid, waiting on new appt, Green card exp in Oct. What do we do if expires?

The appointment was originally in May and cancelled. We are waiting on new appointment but do we have to do anything or file some paperwork in case it expires before we get a new appointment?

Hector E. Quiroga
Hector E. Quiroga answered on Sep 17, 2020

1st, contact USCIS to see about getting it rescheduled. While you are doing that, see if you can make an InfoPass appt. to get an extension sticker on it.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: MA: Seller of rental property. My partner only, signed an offer, unaware i have better one. Can this buyer force a sale

We are both unmarried TIC owners of rental property and one of us signed an OFFER to purchase bf seeing i got much better offer. Buyer claims he'll file civil suit. Is the signature of only one owner on the offer enforceable?

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 17, 2020

You really need to use a realtor. Cannot answer this due to unaware of the particular facts as to what representations were made to the potential purchasers.

1 Answer | Asked in Divorce for Massachusetts on
Q: If your attorney failed to file on a deadline and arbitrator retired before award made accurate

Award. not completed and therefore not entered as order - went to court to ask judge to rule. The judge said she does not know what is in mind of arbitrator on ruling and may have to start all over. Who should pay for this added legal process if it was lawyers fault for not rectifying before... Read more »

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

I would think that the arbitrator would have an obligation to complete a ruling under the arbitration contract ( an agreement which specifies duties and remuneration ) with him or her and that the attorneys involved in the arbitration need to get ahold of this individual .

1 Answer | Asked in Bankruptcy for Massachusetts on
Q: Filed Chapter 7 BK in 2011, discharged 3/12. 2nd was surrendered, not claim as exempt. Balance was $60,000. Do we owe?

trying to refi lien is still on home

Timothy Denison
Timothy Denison answered on Sep 15, 2020

Talk to your bankruptcy attorney. You may be able to avoid all or part of the lien but much more info is needed to make a determination.

1 Answer | Asked in Real Estate Law, Environmental and Land Use & Zoning for Massachusetts on
Q: If a right of way starts at a street and ends at a lakefront is this or any RIGHT OF WAY BE BLOCKED BY TREES ETC, legal

Am I wrong in believing that right of ways need to be kept clear of anything preventing its use .. trees etc

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 15, 2020

This is a question of how long the trees have been there. Are they newly planted or have they been there for under 20 years? If so, then sounds like a trespass matter.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: I have had a male living in my home for several years. Most recently he has shown many signs of hygiene decline, not

bathing for months, wearing dirty clothing bad body odor. I served a 30 day notice to quit in July. I have told him I wanted him out in January 2020. He has made little effort to relocate. In August he looked at an apartment, that that I had given him the phone number for, After looking at the... Read more »

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

It looks like the moratorium will be ending on Oct 17, so you will be able to move forward soon but you should have a landlord tenant attorney advise you. This is a general forum and directs consumers toward obtaining appropriate legal assistance where merited.

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Someone in my town is stealing or damaging trump signs. Is that a criminal offense? If so what level severity is it?
Lissa McKinney
Lissa McKinney answered on Sep 9, 2020

That is absolutely a criminal offense.

Some of the charges could range from larceny ( misdemeanor if $1200 or less), trespass, malicious damage to property, receiving stolen goods. Since this is also protected 1st Amendment and political speech it could implicate civil rights issues as...
Read more »

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: I live in MA. Can I send a 30 notice during an eviction moratorium but not act on it until the moratorium ends?
Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 9, 2020

You need to review the moratorium order before taking any action.

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