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Massachusetts Questions & Answers
1 Answer | Asked in Criminal Law, DUI / DWI, Personal Injury and Wrongful Death for Massachusetts on
Q: Can you physically acquire a criminal's property if they filed jointly with someone who has no criminal record?

For example, if your wife killed someone by driving under the influence of drugs and alcohol, and they are currently in the system for future sentencing. Can a civil attorney of the victim's family take her mortgage or the estate's value if she filed jointly with her husband who committed... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 20, 2022

A Massachusetts attorney could advise best, but your question remains open for three weeks. This is something that would require more thorough analysis than solely looking at tax filing status (you mention filing jointly). Attorneys would look at ownership of the property and assets, not only tax... Read more »

1 Answer | Asked in Personal Injury for Massachusetts on
Q: Owner occupied condominium. Father & son who was in a car seat. Tripped & fell over empty pill bottles from a unit owner
Lillian J. LaRosa
Lillian J. LaRosa
answered on Jun 15, 2022

Unclear why information about car seat was included.. Sounds like a trip and fall personal injury case, but no inuries and damages referred to -but then also confused by the car seat reference.

1 Answer | Asked in Traffic Tickets for Massachusetts on
Q: My brother used my name in a traffic stop because he had no license. now i have a $100 citation. how do i fix this?!

Unbeknownst to me, my brother was driving without a license and used my name instead of his own because he has warrants. I wasnt there and never agreed he could do that nor do i support it now. He never told me or payed for the citation and it was defaulted on. i got a letter saying my license is... Read more »

Lissa McKinney
Lissa McKinney
answered on Jun 11, 2022

Well, there is a possible path to undo it but it will take time, determination and some frustration to unravel.

One aspect will be whether you want to point the finger at your brother to undo it, and proving that it was him. IF you locate the date and time of citation, you may be able to...
Read more »

1 Answer | Asked in Traffic Tickets and Identity Theft for Massachusetts on
Q: What can i do? I received a late citation letter for something i have no idea about.

The citation has no info other then the date it happened and the date it was defaulted on. The thing is I've never been pulled over or sent anything in the mail. so i suspect someone used my name in a traffic stop. But since the citation is defaulted i cant request a hearing. I have no idea... Read more »

Lissa McKinney
Lissa McKinney
answered on Jun 10, 2022

The first thing you should do is go online to the MA RMV and get a copy of your driving record.

https://www.mass.gov/how-to/request-a-driving-record It should list the Court and default and a citation number. When You call the Court, ask for a copy of the ticket, and explain you have...
Read more »

1 Answer | Asked in Consumer Law and Business Law for Massachusetts on
Q: A car dealership called someone I know and (falsely) disclosed that a check I wrote bounced. Is this legal?

Is this a violation of privacy laws? Disclosing financial information to a third party?

William J. Amann
PREMIUM
William J. Amann
answered on Jun 9, 2022

No, that's not legal, it's slander.

1 Answer | Asked in Estate Planning and Real Estate Law for Massachusetts on
Q: Can a real estate seller trustee stop a sale after purchase & sale?

My wife and I made an offer on a house and signed a P&S. We discovered the property is in a trust and only trustee #1 signed the P&S. My attorney reviewed the trust and concluded only one trustee is required to sign. She conferred with the bank’s attorney and he came to the same... Read more »

Christopher Tolley
Christopher Tolley
answered on Jun 6, 2022

This is not the type of straightforward question well suited to a question and answer online forum. It appears there are issues with the trust and the trustees' powers that are specific to this situation. In other words, there is no standard answer to your question. I strongly suggest you... Read more »

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: What does "full possession of the premises" mean in an MA real estate contract?

To us, "full possession of the premises" means we get the keys and can occupy the house. Our attorney said it just means the seller must move out and not reenter. How would one have full possession with no keys to the house?

Christopher Tolley
Christopher Tolley
answered on Jun 6, 2022

The phrase refers to the fact that you have a legal right to possession and the seller no longer has such a right. It does not address the practical issue of how physically you enter the property. Getting you the keys is something the real estate broker usually deals with.

1 Answer | Asked in Divorce for Massachusetts on
Q: Do both parties have to be present when notarizing the divorce paperwork? Can it be done separately?

I want to get my signature notarized then mail the paperwork to my ex and have her do it separately. Is this possible or must we both do it together simultaneously?

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 25, 2022

Yes, this works. You don't need to be in the same room as wife and can use different notaries.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Cannot get ex tenant to pay rent, owe's me for 8 months. Yell's at me for asking. I have no money left. I am a disabled

The bad thing is he is my Son . I pay the Taxes,water, and Ins. He suppose to maintain the lawn but that is also a disaster. He made the place look so bad that I can't sell the property for a good price. And things look bad since he moved in. The first year he paid for three months then... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 25, 2022

If he had a lease and stayed over the expiration he is still a tenant and the eviction process called summary process is needed. You can contact an attorney who specifically handles landlord tenant matters and if son is disabled this would especially be advisable.

1 Answer | Asked in Consumer Law, Criminal Law, Traffic Tickets and Car Accidents for Massachusetts on
Q: Canceled license plates are being used by someone else in another state.

I was in a car accident last year my insurance company considered my car totaled and I canceled the plates in April of last year before they took it. They had messed up when the tow company was coming so my plates were still in my car and I told the insurance guy I just needed an hour before... Read more »

Christopher Tolley
Christopher Tolley
answered on May 25, 2022

Unfortunately I suggest you obtain the services of a New York attorney experienced in this type of law because you are going to have to convince a judge that you are not responsible for the tickets based on your circumstances described above. You can also keep attempting to dispute the tickets... Read more »

1 Answer | Asked in Business Law for Massachusetts on
Q: I gave a small business a deposit to build me cabinets for a kitchen.

The main guy constantly gave me delays and excuses and it just seemed to be going in circles. I didn't have any faith that they were nearing completion and I thought it was most likely a scam. I called to cancel my order and ask for my deposit back. The guy said that he has 30 days to return... Read more »

William J. Amann
PREMIUM
William J. Amann
answered on May 23, 2022

Unless that term is in a written contract or you orally agreed to it, his claim is doubtful. Ask him to cite the statute to which he refers.

1 Answer | Asked in Divorce for Massachusetts on
Q: What does judgment of dismissal means after filing a joint petition for divorce.
Lillian J. LaRosa
Lillian J. LaRosa
answered on May 19, 2022

Your Joint Petition did not successfully go forward when heard by the Judge, hence no divorce . You should engage divorce counsel to see what was deficient or inequitable about your Separation Agreement attempt. Perhaps there was also deficiency in the documentation , e.g, Financial Statements or... Read more »

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: MA residents, mom willed CT RE to me and sister, estate probated in MA, but no deed to us. To sell how do we show title?

Sister was Executor, I was Successor, but sister probated and closed in 2006. Sister has now died and I want to sell property. How do I show title to the property?

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 19, 2022

Sorry for your loss. Was your Mom a CT resident or a MA resident? If this is a Massachusetts Probate of estate, then an Ancillary type proceeding would need to be brought in CT and you should be in contact with a CT Probate attorney ASAP.

1 Answer | Asked in Divorce for Massachusetts on
Q: Hi I have been married for 6 years and i was wondering if i qualify for alimony.
Lillian J. LaRosa
Lillian J. LaRosa
answered on May 18, 2022

Any alimony would be for 60% of the period of the marriage, so for about 43 months but the issue is ability to pay and income differential and you have not stated whether there ae any children as child support is the first consideration and effects alimony. There are also types of alimony to... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Am I allowed to go on vacation and travel out of state while on UNSUPERVISED PROBATION in Massachusetts?

So, hi:

I was put on UNSUPERVISED PROBATION back in December of 2021 and is expected to last through June 2023. I am getting a sizeable tax return and was wondering if I can travel out of state ?

Lissa McKinney
Lissa McKinney
answered on May 17, 2022

Even though you are on unsupervised probation, it is still probation and with that comes certain conditions. At the onset, you signed a contract or agreement with probation on day 1, and that included any orders by the Court and any standard terms of probation. Sometimes probation takes the liberty... Read more »

1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: Modification of child custody and child support

Can I modify child custody and support if I went from 5 overnights to 7 overnights plus taking them till 7 at night 4 other nights? And have my kids all day on Sunday while my ex is at work. Yea he only days. Don’t see them are tuesdays and every other Saturday, other then that they are with m... Read more »

Brian Waller
Brian Waller
answered on May 17, 2022

It sounds like you have a good argument for modification. If you think your ex will retaliate, just be sure you really want to kick the hornet's nest. If your kids are doing well with the current arrangement, it may be worth it to suck it up even though you feel she is taking advantage of you.... Read more »

1 Answer | Asked in Child Custody for Massachusetts on
Q: Abusive father looking for custody and aggressive parenting plan dictating the entire year.I object.

Unwed mother child has lived with me since birth. Father visits but is psychologically abusive, and traumatizing to our daughter, complying with my daughters wishes I told him to stay away and give her a mental break and allow me to get her into therapy. At first he agreed begrudgingly then got... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 16, 2022

Do you have guardianship over the minor child? Over your daughter? The proceedings before the Court now are they paternity or guardianship? It would be a good idea to clarify your question and repost same or to discuss with an attorney who practices Family Law.

1 Answer | Asked in Probate for Massachusetts on
Q: Is a creditor required to file a claim against an estate with the probate court?

My brother passed away 13 months ago with over 20 different debt accounts including loans, credit cards and medical bills. I assume that the estate will be solvent, although I am still not clear about taxes from previous years (final returns have already been completed) and just recently filed... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 10, 2022

If there is not already a lien or automatic lien , then the creditors who failed to properly perfect their claims by following the statute within one year from the date of death are out of luck.

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: If a parent has lost all custody due to a restraining order, is that parent responsible for their half of child costs

Parent has lost all custody due to a restraining order being pulled against her and her boyfriend by myself, on behalf of our child. In our modified agreement/judgment prior to the restraining order, she was responsible for half of the cost of childcare, medical bills (I pay for insurance by my own... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 9, 2022

The Financial Orders are still existing and are in effect unless modified or vacated which they apparently have not been. The failure to comply entitles you to bring a Contempt action.

2 Answers | Asked in Real Estate Law and Banking for Massachusetts on
Q: Regarding an indorsement of a promissory note, does the "no space" test only apply to the originally printed side?

Does the "no space" test include using the backside of the original promissory note for an indorsement if that side of the paper is blank? Is there a citation for the actual wording of the "no space" test?

A "no space" test is showing that there is no room on... Read more »

Christopher Tolley
Christopher Tolley
answered on May 9, 2022

Please explain what you mean by the "no space" test.

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