Massachusetts Questions & Answers by Practice Area
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Massachusetts Questions & Answers
Q: How can I find out if a 1099 form to my ex-husband is phony or real, and if it was sent to IRS and DoR?
Linda Simmons Campbell's answer
Towards the end of May it should be on file with the IRS. You would not be able to get any information but your ex-husband would be able to call.
Towards the end of May it should be on file with the IRS. You would not be able to get any information but your ex-husband would be able to call.
Q: My job was threatened an I was forced to sign paperwork saying I'd look for no comp for my part in this invention. ..
1 Answer
| Asked
in
Contracts, Employment Law, Appeals / Appellate Law and Business Law
for
Massachusetts
on
Answered on Apr 19, 2019
Answered on Apr 19, 2019
Bruce Alexander Minnick's answer
No one here on Justia can help you unless you tell us all the relevant facts about your situation.
No one here on Justia can help you unless you tell us all the relevant facts about your situation.
Q: Hello, would you be able to tell me if a statement of condition has to be completed at every lease renewal in MA?
Christopher Tolley's answer
Maybe it is required, maybe it isn't, but I can't think why you would not get one. If the tenant has damaged the unit or there is usual wear and tear you should have that documented to protect yourself. You don't want the tenant using the condition statement from the prior tenancy as evidence of the state of the unit, you want a statement showing the most current state of the unit.
Maybe it is required, maybe it isn't, but I can't think why you would not get one. If the tenant has damaged the unit or there is usual wear and tear you should have that documented to protect yourself. You don't want the tenant using the condition statement from the prior tenancy as evidence of the state of the unit, you want a statement showing the most current state of the unit.
Q: I'm buying my In laws house and my husband will be on the title but not the loan, do I still need a title 5 inspection?
Christopher Tolley's answer
The DEP website says:
When you DON'T need an inspection
Transfers between certain family members: Title 5 does not require a system inspection if the transfer is of residential real property, and is between the following relationships:
Between current spouses;
Between parents and their children;
Between full siblings; and
Where the property is held in a trust. See the "Guidance on Exemptions from Title 5 System Inspections" :...
The DEP website says:
When you DON'T need an inspection
Transfers between certain family members: Title 5 does not require a system inspection if the transfer is of residential real property, and is between the following relationships:
Between current spouses;
Between parents and their children;
Between full siblings; and
Where the property is held in a trust. See the "Guidance on Exemptions from Title 5 System Inspections" :...
Q: A no contact/stay away Order has been placed on me but I meet my sons father for drop off/pick ups. What should I do?
Alexander Conley's answer
I am assuming that either you were ordered to have no contact and stay away from your son’s father as a condition of your release related to an open criminal case, or there is a restraining order in place. If it is a condition of release, violating could lead to being placed into custody while the case is pending. If it is a restraining order, a violation of that order is a crime itself.
If the order is a condition of your release, you should bring this to the attention of your...
I am assuming that either you were ordered to have no contact and stay away from your son’s father as a condition of your release related to an open criminal case, or there is a restraining order in place. If it is a condition of release, violating could lead to being placed into custody while the case is pending. If it is a restraining order, a violation of that order is a crime itself.
If the order is a condition of your release, you should bring this to the attention of your...
Q: Our drinking well is on a property that was sold. Does the person who bought the land need to drill us a new well?
1 Answer
| Asked
in
Land Use & Zoning and Real Estate Law
for
Massachusetts
on
Answered on Apr 12, 2019
Answered on Apr 12, 2019
Christopher Tolley's answer
If the well was on your property and you sold the land, you should have made some provision for retaining an interest in that land, like an easement, so you can keep using the well. If you did not, there may be an issue with the current owner because if you have no easement, you may not have a right to keep the well on the land. If the property with your well was owned by a third party and sold to a third party, and you had an easement for the well, you should not have to have a new well dug...
If the well was on your property and you sold the land, you should have made some provision for retaining an interest in that land, like an easement, so you can keep using the well. If you did not, there may be an issue with the current owner because if you have no easement, you may not have a right to keep the well on the land. If the property with your well was owned by a third party and sold to a third party, and you had an easement for the well, you should not have to have a new well dug...
Q: Unmarried and separated with three kids. As a single mother, what are my rights an what can I do?
Joshua H Bearce's answer
You can file three Complaints for Custody-Support-Parenting Time in the Middlesex Probate and Family Court. You can seek to waive the filing fees if you have a low income. After you have filed, I would suggest filing a motion for temporary orders to obtain an award of child support from the children's father, as well as the establishment of a parenting plan. I suggest you speak with an attorney who specializes in family law to discuss your options further. Good luck.
You can file three Complaints for Custody-Support-Parenting Time in the Middlesex Probate and Family Court. You can seek to waive the filing fees if you have a low income. After you have filed, I would suggest filing a motion for temporary orders to obtain an award of child support from the children's father, as well as the establishment of a parenting plan. I suggest you speak with an attorney who specializes in family law to discuss your options further. Good luck.
Q: I have my daughter full time, he father comes once a week for 1 hr visit.. im going to mexico for a week and he knows
Meghan L Howard's answer
If you and Father were never married and there is no court order stating otherwise, you have legal and physical custody of your daughter and can take her on vacation with you without issue.
If you and Father were never married and there is no court order stating otherwise, you have legal and physical custody of your daughter and can take her on vacation with you without issue.
Q: Hi, can I remove my ungrateful, estranged 18 year old son from my healthcare plan?
Meghan L Howard's answer
It depends. If you have a divorce agreement or court order that states you shall keep him on your health insurance so long as he is eligible, you would not be able to remove him without court approval.
It depends. If you have a divorce agreement or court order that states you shall keep him on your health insurance so long as he is eligible, you would not be able to remove him without court approval.
Q: Commonwealth of Puerto Rico GO Bonds
Bruce Alexander Minnick's answer
Please accept my apologies if my professional advice was insufficient or came across as "nasty." I wish you all the best in your effort to collect on the general obligation bonds issues by Puerto Rico.
Please accept my apologies if my professional advice was insufficient or came across as "nasty." I wish you all the best in your effort to collect on the general obligation bonds issues by Puerto Rico.
Q: How deep do dv defense lawyers look into witnesses, current employment, detailed background, credit checks?
Dakota Martin's answer
DV as in domestic violence? It really depends on how serious the case is. In many cases, the search is simply asking the court to run a witness's record. No record, no further search. If the accused knows areas that should be investigated, defense attorneys have a duty to investigate... or have someone else investigate. I can't speak for other attorneys but I do my best to manage information so that only what is necessary for trial is shared with other parties. Often there is a protective...
DV as in domestic violence? It really depends on how serious the case is. In many cases, the search is simply asking the court to run a witness's record. No record, no further search. If the accused knows areas that should be investigated, defense attorneys have a duty to investigate... or have someone else investigate. I can't speak for other attorneys but I do my best to manage information so that only what is necessary for trial is shared with other parties. Often there is a protective...
Q: I got a speeding ticket driving someone else’s car. I don’t have insurance. What are the consequences if I pay it?
Lissa McKinney's answer
Insurance run's with the car. So long as your friend had insurance on the car then you are OK.You are highly unlikely to be re-issued another ticket anyway.
If you don't pay the ticket on time or request a hearing on it then your license will be suspended. If you weren't speeding put in for a hearing before a clerk on it. If you were, pay it and be more careful. In addition, driving an uninsured mv is more serious than you can imagine, and will result in criminal charges rather than a...
Insurance run's with the car. So long as your friend had insurance on the car then you are OK.You are highly unlikely to be re-issued another ticket anyway.
If you don't pay the ticket on time or request a hearing on it then your license will be suspended. If you weren't speeding put in for a hearing before a clerk on it. If you were, pay it and be more careful. In addition, driving an uninsured mv is more serious than you can imagine, and will result in criminal charges rather than a...
Q: Im a dad my 12 year old daughter has been hit with her phone,punched repeatedly is this enough for me to get an attorney
Joshua H Bearce's answer
This question cannot be fully answered without more information. If there are allegations of physical abuse, and she does not want to live with her Mother, then you can file a complaint for modification with the Court seeking to obtain custody of her. I would suggest you also file a motion for the appointment of a Guardian Ad Litem to ascertain the parenting plan that it is your daughter's best interests. The GAL will likely interview your daughter and if she states she wants to live with...
This question cannot be fully answered without more information. If there are allegations of physical abuse, and she does not want to live with her Mother, then you can file a complaint for modification with the Court seeking to obtain custody of her. I would suggest you also file a motion for the appointment of a Guardian Ad Litem to ascertain the parenting plan that it is your daughter's best interests. The GAL will likely interview your daughter and if she states she wants to live with...
Q: What happens directly after serving my spouse with divorce papers? Like the next step.
Joshua H Bearce's answer
This depends upon the circumstances of the case. If there are issues which require immediate resolution, the parties often exchange their Rule 410 mandatory disclosures, and attend what is called a temporary hearing to establish the orders which will be in place during the divorce. These can be orders relative to the payment of household expenses, child support, parenting time, etc. Rule 410 mandatory disclosures consist of tax returns, bank statements, etc. I suggest you speak with an...
This depends upon the circumstances of the case. If there are issues which require immediate resolution, the parties often exchange their Rule 410 mandatory disclosures, and attend what is called a temporary hearing to establish the orders which will be in place during the divorce. These can be orders relative to the payment of household expenses, child support, parenting time, etc. Rule 410 mandatory disclosures consist of tax returns, bank statements, etc. I suggest you speak with an...
Q: If you have supervised visits with a minor child and the mother and father had words. Does the mother have the right to
Joshua H Bearce's answer
No. The Mother does not have the right to prevent you from having parenting time with the child simply because the two of you had an argument. If the Mother wants to modify the current parenting plan, she needs to obtain a court order. Otherwise, you can file a Complaint for Contempt if she continues to prevent you from having your parenting time with the child. I suggest you speak with an attorney who specializes in family law/child custody to discuss your options further. Good luck.
No. The Mother does not have the right to prevent you from having parenting time with the child simply because the two of you had an argument. If the Mother wants to modify the current parenting plan, she needs to obtain a court order. Otherwise, you can file a Complaint for Contempt if she continues to prevent you from having your parenting time with the child. I suggest you speak with an attorney who specializes in family law/child custody to discuss your options further. Good luck.
Q: Ex-Husband is angry that I introduced my boyfriend to the kids. (He is not a danger to my kids and the kids like him.)
Joshua H Bearce's answer
If your boyfriend has no prior history which would make it unsafe for the children to be around him, then the fact that you introduced him to the children will not constitute a material and substantial change in circumstances warranting any modification of your parenting plan. I suggest you speak with an attorney who specializes in family law and/or child custody to discuss your options further. Good luck.
If your boyfriend has no prior history which would make it unsafe for the children to be around him, then the fact that you introduced him to the children will not constitute a material and substantial change in circumstances warranting any modification of your parenting plan. I suggest you speak with an attorney who specializes in family law and/or child custody to discuss your options further. Good luck.
Q: explain "Omnibus Objection to Claims filed or asserted by holders of certain COMMONWEALTH GENERAL OBLIGAtion bonds"
1 Answer
| Asked
in
Bankruptcy and Government Contracts
for
Massachusetts
on
Answered on Apr 1, 2019
Answered on Apr 1, 2019
Bruce Alexander Minnick's answer
Anyone with enough money to invest in general obligation bonds issued by the Commonwealth of Puerto Rico should have enough time to call their bond broker and ask them to explain what is happening to all the bondholders.
Anyone with enough money to invest in general obligation bonds issued by the Commonwealth of Puerto Rico should have enough time to call their bond broker and ask them to explain what is happening to all the bondholders.
Q: We have sole custody of my husbands daughter. We live in Massachusetts. She is going to another state for a week for
Lillian J. LaRosa's answer
On the civil side there would be an action for Contempt and a capias would issue and a writ of habeas corpus to return the child besides kidnapping which is federal so this would be very serious and visitation would be lost as a result.
On the civil side there would be an action for Contempt and a capias would issue and a writ of habeas corpus to return the child besides kidnapping which is federal so this would be very serious and visitation would be lost as a result.
Q: Should I let know a landlord that I am suing them?
Zachary Alan Waksman's answer
I cannot answer your question based on the facts you have provided. It depends in part on why you want to sue your landlord. Certain actions taken by your landlord may constitute violations of the consumer protection statute, Chapter 93A. Since you are probably renting your apartment to use as your home, such violations, if they exist, would fall under Chapter 93A, Section 9. In this context, Section 9 requires tenants to provide the landlord with notice of your claims and allow 30 days for the...
I cannot answer your question based on the facts you have provided. It depends in part on why you want to sue your landlord. Certain actions taken by your landlord may constitute violations of the consumer protection statute, Chapter 93A. Since you are probably renting your apartment to use as your home, such violations, if they exist, would fall under Chapter 93A, Section 9. In this context, Section 9 requires tenants to provide the landlord with notice of your claims and allow 30 days for the...
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