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Massachusetts Questions & Answers
1 Answer | Asked in Consumer Law and Civil Litigation for Massachusetts on
Q: How do I RENEW a Massachusetts civil capias warrant issued in a home contractor award case that will expire in 2 months.

The warrant is evidently good for 1 year during daylight hours only. I have proof of defendant's continued address occupancy (signatures on USPS postal receipts within last 2 months), but is otherwise very good at dodging the sheriff. Person would be greatly happy when this expires, as could now... Read more »

Christopher Tolley
Christopher Tolley answered on Dec 13, 2019

You have to file a written motion for a new capias, mark it for hearing, give notice to the debtor, and surrender the old capias.

1 Answer | Asked in Family Law and Child Support for Massachusetts on
Q: What, if any, are the legal repercussions of a person rescinding on informal child support in Massachusetts?

After my ex and I split, we both agreed on an informal child support agreement. He'd continue giving me access to his vehicle and keep my phone on his cell phone plan. After a few personal disputes, he's threatening to take them back knowing it'll affect our kids, ie getting to drs appts and... Read more »

Scott F Bocchio
Scott F Bocchio answered on Dec 11, 2019

It almost always protects the children more if there is a formal child support agreement in place with the Court as it can be enforceable through the Department of Revenue.

It can also be arranged by the Court to take child support straight from his paycheck. This helps in matters where...
Read more »

1 Answer | Asked in Estate Planning for Massachusetts on
Q: I need to claim a retirement plan in mass but my mom lived in florida when she passed how do I do this

the retirement plan is in mass and she passed away in florida in a nursing home I am the only remaining family member. mass told me to file a small estate affidavit I am not sure how to go about any of this

Nina Whitehurst
Nina Whitehurst answered on Dec 11, 2019

If you are the named death beneficiary of the retirement plan, then all you need to do is provide a death certificate to the plan administrator. If you don't know if you are the named death beneficiary, provide a copy of the death certificate to the plan administrator anyway. That will get the... Read more »

1 Answer | Asked in DUI / DWI for Massachusetts on
Q: MA. license, 1st offense DWI in NY, have IID, attended Victim Panel, paid fines, need hardship license to work & medical

medical conditions. Need pro bono advice to apply but not sure if in NY state or MA. Help!

Dennis J. Nave Jr.
Dennis J. Nave Jr. answered on Dec 11, 2019

If your driving privileges are revoked in New York (because New York cannot revoke an out of state license, only privileges), you need to complete the NY Impaired Driver Program (or out of state equivalent) and request a conditional license from New York State to be able to drive in New York.... Read more »

2 Answers | Asked in Immigration Law for Massachusetts on
Q: If the DHS were still accepting new DACA applications, would I be able to apply if I arrived in the US after 2012?

I arrived in the USA in 2016 as a minor and I am undocumented. If DACA came back, would I be able to apply for it (once I got the 5 year minimum)?

Masoud Jahani
Masoud Jahani answered on Dec 10, 2019

Hi

Hope below helps,

Following are DACA requirements

You were under 31 years old as of June 15, 2012;

You first came to the United States before your 16th birthday;

You have lived continuously in the United States from June 15, 2007 until the present;...
Read more »

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1 Answer | Asked in Divorce, Foreclosure and Real Estate Law for Massachusetts on
Q: My ex wife’s mortgage is in my name, if she stops paying the mortgage will it hurt my credit?

She’s responsible for all costs associated with the home per the divorce decree. I have a perfect credit score and I really don’t want this to screw things up. She hasn’t paid it in 2 months. I’m really not sure how to go about this.

Timothy E. Angley
Timothy E. Angley answered on Dec 10, 2019

Short answer: Yes, it will hurt your credit. If your name is on the mortgage and it is being reported to the credit agencies, then as soon as that mortgage is reported as late that will be a ding on your credit. You can dispute your responsibility for the expenses with the agencies, but until... Read more »

3 Answers | Asked in Personal Injury for Massachusetts on
Q: My daughter was clipped by a plow on Saturday night and is traumatized by the incident. Do I have a case?

Unfortunately she was wearing dark clothing but was walking with the traffic. She had her cell phone light on down by her side and other cars were avoiding her. When I spoke with the police and I asked if the driver was intoxicated, mind you this gentleman tried pulling my daughter into his truck... Read more »

Steven A. Schwartz
Steven A. Schwartz answered on Dec 9, 2019

So sorry to hear about your daughter. My gut tells me that this may not be worth pursuing, especially if your daughter's injuries are minor. It sounds like the police report is not helping the situation, noting your daughter's dark clothing. The other issue not mentioned is that you stated your... Read more »

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: I have submitted EB-2 NIW I-140 & I-485, if rejected, can I marry my fiancé(e) (US citizen) to avoid deportation?

Would this plan work:

If EB-2 NIW gets rejected -> marry my US citizen fiancé(e) -> apply for marriage green card?

Or do I need to get married before the rejection to avoid deportation or future difficulties in applying for a marriage green card?

Potentially relevant info:... Read more »

Amanda B Cook
Amanda B Cook answered on Dec 5, 2019

As long as there are no other red flags on your file, that would probably be fine. However, if that happens, you should be overly prepared for the extra scrutiny such a move will likely bring to your marriage application. I highly recommend hiring an attorney to help you with your marriage... Read more »

1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: My Ex has been keeping me out of childs life since i was 14 with dcf threat now that 18 come for CS. no custody agreemet

We were never married, I still visit when and only when she allows and i provide whenever asked and even when not. I just got a letter in the mail saying she opened a case and now I'm waiting for a court summons. i would like to be able to see my child without her constant supervision and id like... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Dec 5, 2019

If paternity has been established then there is a Complaint for Custody and Support she may have filed and the Court can enter minimum child support orders due to your unemployment status. This legal proceeding is the forum for presenting your visitation requests as well.

1 Answer | Asked in Estate Planning for Massachusetts on
Q: Parents gave 2nd home to son. Only in his name for 2yrs now but lived there for over 10. Can he sell it?

His parents are in their late 70s and they were concerned that there was a five-year hold due to Medicaid if they ever went to a nursing home. But his parents still live in their 1st home.

Nina Whitehurst
Nina Whitehurst answered on Dec 4, 2019

He can sell it, legally, because it is his. However, a reason for waiting 5 years would be to preserve the ability to maybe cure the gift in case the parents need to apply for Medicaid within that 5 year period. In some states the gift penalty can be avoided by gifting the property back, in this... Read more »

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Hi, Our home in Lincoln MA. was built in 1995 ( we built it). The developer describes the lot our home is built upon

as lot #2 on the subdivision. This is what is says on the deed. The address that the builder created was 3 Oakdale Lane. In case of future resale, does the deed have to be amended to reflect the actual street address.? For instance, would it be important to fill out a Confirmatory Deed Form and... Read more »

Timothy E. Angley
Timothy E. Angley answered on Dec 2, 2019

Usually, you would have the deed carry forward the description as you received it and then add at the bottom a line something like, "Address of the property being 3 Oakdale Lane, Lincoln, Massachusetts." You would also indicate the property address on the left margin of the deed. There is no need... Read more »

Q: if I had emergency surgery under mass health and a claim was filed, can they cancel my policy and deny my claim?

I had emergency surgery and they filed a claim, 3 months later they canceled my policy due to not verifying my address and then sent me a letter requesting correct information for the claims filed and to help them figure out how the claims can be paid correctly? im trying to respond on their online... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 30, 2019

Your matter is more complicated than one where a simple "yes" or "no" would do as a answer. The ideal situation would be that if your settlement is in connection with an accident where you are represented by an attorney, to have them look into the validity of the lien for an unrelated service. As a... Read more »

2 Answers | Asked in Bankruptcy for Massachusetts on
Q: Can a "payroll register" be used in place of pay stub when filling bankruptcy? My employer doesn't have pay stubs.

It looks like all the information is the same except my address is not in the payroll register. Social is and employee ID, taxes ytd etc.

Timothy Denison
Timothy Denison answered on Nov 28, 2019

If that is all you have, yes.

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1 Answer | Asked in Criminal Law for Massachusetts on
Q: If I file a motion to vacate default and get a new arrangement date can I still be arrested for “Bail Jumping”?

If I missed my arraignment date but went to the courthouse and filed a motion to vacate default, paid bail/bond and got a new arrangement date. And the clerk tells me that I no longer have a warrant. And I have complied with the terms of BailBond conditions,

Can the prosecutor bring Bail... Read more »

Lissa McKinney
Lissa McKinney answered on Nov 25, 2019

No- I have never heard of such an event in 35 years of practice. I am not even sure MA law has a 'bail jumping' law as you say. The penalty for bail jumping is your bail is forfeited to the state if one was posted, and they set a new bail usuallyhigher or double the old one to ensure you show up.... Read more »

1 Answer | Asked in Elder Law for Massachusetts on
Q: If someone becomes the conservator for an elderly person and puts her in a nursing home, does the elderly person have

any rights?

Lillian J. LaRosa
Lillian J. LaRosa answered on Nov 25, 2019

If the Probate Court has determined that the individual needs a Conservator, then there should be a Medical Certificate indicating the need for same and there would have been a legal proceeding unless the disabled person consented to the appointment of a Conservator. A Guardian makes determinations... Read more »

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: My child support was 289.00 a week, we made an agreement to bring it down to 180.00 a week.Can she go back and raise it
Lillian J. LaRosa
Lillian J. LaRosa answered on Nov 25, 2019

If there is a material change in circumstances of the parties or child, yes, there may be further modifications.

1 Answer | Asked in Family Law, Child Custody and Child Support for Massachusetts on
Q: Hello I'm in a tough child custody situation. Falsely accused of neglect father took sole temp we had shared

I would like to know how and what I can do if I feel there is child alienation from father to me mother

Lillian J. LaRosa
Lillian J. LaRosa answered on Nov 25, 2019

You can request that the Court appoint a Guardian ad litem to investigate whether the claims against you are legitimate or are alienation . The Court can order payment of the GAL's fee to the requesting party or order both parties to pay for the GAL. In indigency or low income situations the Court... Read more »

1 Answer | Asked in Probate for Massachusetts on
Q: My son was sexually assault at his school I filed police report but school isn’t doing nothing about

...

Lillian J. LaRosa
Lillian J. LaRosa answered on Nov 21, 2019

Has the DCF been involved? You should also consider contacting Mitchell Garabedian's Office in Boston for example as there are counsel who specialize in sexual abuse issues.

2 Answers | Asked in Family Law and Immigration Law for Massachusetts on
Q: Hi, I'm trying to get a hold of my name change papers in Spokane, WA but they are sealed how do I go about it?

I live in Boston, MA but, I have no family to go to that could help me. I really need this document as I am trying to prove I am a citizen.

Amanda B Cook
Amanda B Cook answered on Nov 21, 2019

You need to hire an attorney in Spokane.

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2 Answers | Asked in Probate for Massachusetts on
Q: Both parents on deed, one passes away, when the surviving spouse dies, can it be sold without probate if there is a will

children in will would like to sell house without going to probate, they are all listed in the will

Nina Whitehurst
Nina Whitehurst answered on Nov 21, 2019

Some kind of probate process is ALWAYS required to change title to assets titled in the name of a decedent UNLESS an exception applies. Apparently you are expecting an exception to apply when the first parent dies, perhaps because the property is titled in their names as joint tenants with right... Read more »

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