The executor is sitting on (holding) all the non-monetary assets of the will, even actively preventing access to the inherited home and property by holding all of the keys. She is also the primary heir.
answered on May 25, 2023
Is this decedent a Massachusetts resident? If so and the Will has not been probated, then those who have priority on the intestacy ladder as the presumption is now that there is no Will unless somehow there is a photocopy of the executed Will which since the named Executor ( Personal... Read more »
I thought you couldn’t appeal the ticket but I still got a court date.
answered on May 24, 2023
Usually what has happened to you is that the money you paid is considered posting bail until you enter a plea of guilty or not guilty. In Law, an "Appeal" is a special term that means taking a case to a higher court after you have a judgment rendered against you. If you didn't... Read more »
Judge said case we responsible above 20k but set to 25k writ of attachment of home
Is that all that will come from this civil lawsuit case
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answered on May 24, 2023
The short answer is no. In addition to a real estate attachment, which the plaintiff will soon record, there should have been an accompanying Complaint. You will have to Answer that and defend the case or resolve/settle it. Hopefully, your total exposure is no greater than $25,000 but depending... Read more »
what are the sponsors financial requirements, is there another option besides tax returns to provide income documentation?
answered on May 23, 2023
Thanks for your question!
The requirements to sponsor your wife vary depending on whether you are looking at completing the adjustment of status process or the consular processing routes.
Other financial documentation includes paystubs, W-2’s or 1099’s (If applicable); Employer... Read more »
What role does the independent doctor have as far as determining liability?
Thank you
answered on May 23, 2023
Medical records are EVERYTHING in a workers' comp case! They provide nearly all the confirmation that an event occurred that caused an injury, the proposed course of treatment, and the expected outcome of that treatment. With that information, both the Dept. of Industrial Accidents (the... Read more »
Are all attorneys assisting with a civil matter required to file a notice of appearance?
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answered on May 23, 2023
Yes. The attorneys who file an appearance are the lawyers of record with the court on your behalf. That doesn't mean other lawyers in the firm cannot assist, behind the scenes, on a case. I think it's a matter of degree and what they are doing. Conducting legal research or drafting... Read more »
Do contract cancellation forms apply to online nonrefundable services? If the buyer had attempted to resolve the issue with the service provider to no avail within one day of purchasing it, do they still have the right to dispute the charges and are viable for refund? Is there at all any way within... Read more »
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answered on May 20, 2023
In Massachusetts, there are a myriad of regulations which can pertain to specific types of contracts and cancellations. For example, Uniform Commercial Code governed contracts would likely fall under the definitions of "contract", "contract for sale" and... Read more »
My child's father believes that I am using drugs. The reason is because he heard a recording of my current partner and i arguing. That he obtained from a 3rd party, illegally. Also, my partner didn't know he was being recorded. In the audio it uses a slang word for a drug, but that word... Read more »
answered on Apr 30, 2023
The judge can basically order anything that they deem to be in the best interests of the child. If there is a reason for them to be concerned about drug use, they can order a drug test. It doesn't really matter how they came to making that order, unfortunately. You could choose to appeal it,... Read more »
My grandfather passed and his wife hates me. She's made attempts to remove me from the deed since my grandfather passed.
I'm listed as a "joint tenant" on the deed. What are my options for selling or cashing out my share?
answered on Apr 27, 2023
Theoretically you could sell your share, but as a practical matter nobody is going to want to buy your share and then have to share use and occupancy with the other co-owners. The practical solution is to either buy out the other co-owner(s) or have one or more of them buy out your share. If you... Read more »
My domestic partner is looking to end the relationship. We currently own a house together and share bank accounts for the past 3 years. In speaking with the mortgage company I would need a court document stating we are separating and agreeing that I would keep the house for her to be released from... Read more »
answered on Apr 24, 2023
You could file a Petition to Partition in the Probate and Family Court. I have never seen one filed jointly, but I don't see why you couldn't do that, or you could file it as contested then file an agreement for judgment. I believe that could also be filed in Land Court, I am pretty sure... Read more »
97K mortgage was paid from 150K; utility, and home maintenance fees.
Mass probate
answered on Apr 22, 2023
From your question, I assume you and one sibling inherited the home, that you continued living in the home for ten years while your sibling did not, that you are the only one who made the payments mentioned, and that you have been an adult for the full ten years.
Determine the fair rental... Read more »
This idea is an innovation in building automation systems and isn’t necessarily just a MA patent, but I am not sure how this process works.
answered on Apr 18, 2023
You can pay an patent attorney or patent agent to perform a patentability search. Often they will tee up the search scope and outsource the search to professional searchers with lower hourly rates.
NOTE -- even after a search, your idea may not be patentable as someone may have filed a... Read more »
This idea is an innovation in building automation systems and isn’t necessarily just a MA patent, but I am not sure how this process works.
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answered on May 2, 2023
To find out if your idea is already patented, you can conduct a patent search. You can start by using the United States Patent and Trademark Office's (USPTO) patent search tool, which is free to use. This tool will allow you to search for existing patents by keyword, inventor name, patent... Read more »
It doesn't show on credit report and they want to auction house now after 12 years. Don't care about the house but don't want to have to file bankruptcy 12 years after the fact. We haven't lived there for 12 years.
answered on Apr 17, 2023
The statute of limitations for a suit on a promissory note in Massachusetts is six years from the date of breach and the limitations period can be extended by part payment. If you stopped paying more than six years ago and did not subsequently make partial payments, and there was nothing that would... Read more »
My local tax collectors office filed a tax taking back in 2008 for outstanding real estate taxes due on an investment property? The delinquent taxes were paid by my mortgage servicer from my escrow account.
A recent title search shows the 2008 tax taking lien recorded, but a redemption or... Read more »
answered on Apr 12, 2023
If the tax title amount has been paid, the town is required to issue a redemption. The town is permitted, but not required , to request the recording fee for recording the certificate as a condition of providing the certificate, and then must record the certificate. I believe the recording fee for... Read more »
My car got towed from visitor parking spot in the “The Chase at Overlook Ridge” in Revere, MA. The spot had a sign stating “Visitor Parking - unauthorized vehicles will be towed at owners expense”. When I went to take my car from the towing company, they said the building management hs a... Read more »
answered on Apr 10, 2023
G.L. c. 266 s. 120D covers towing from private parking lots and prohibits towing except in certain circumstances.... Read more »
I recently had a baby while living in MA. I filed for child support giving as much information about the father as possible. It has been a week and the application still says "submitted".
The father moved out of state and won't supply me his new address so I could only... Read more »
answered on Apr 4, 2023
It could take anywhere from several weeks to several months. You could call DOR-CSE and ask them about the status if you haven't heard anything in a few more days.
DOR will work with the child support agency in his state to collect the payments once the MA court issues an order for... Read more »
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answered on Apr 2, 2023
Yes, it is generally possible to register a brand name and logo with the name of the city where you are located. However, there may be limitations or restrictions depending on the specific city and any trademark or naming regulations it may have. It is recommended to consult with a trademark... Read more »
My mother and I live in Massachusetts. I have an older brother who lives in NY. My mother is 75 with failing health. My mother owns a house in NY and a house in MA. She has a couple of retirement accounts and has savings and checking accounts. She refuses to get a will. I have asked her to do this... Read more »
answered on Mar 31, 2023
Your mother appears to reside in Massachusetts and assuming that is the case she would be intestate and depending upon her marital status and whether you and your brother are the only children she has, you and brother have equal ability to file a Petition for Probate of her estate upon her death.... Read more »
I live in MA & currently have temporary sole legal and physical custody of our child. My ex lives out of state in Maryland and will soon start court ordered parenting time every other weekend for 6 hours. He frequently disappears for weeks to months at a time without any contact. He has also... Read more »
answered on Mar 30, 2023
The Court could enter a version of the requested order , but you should assert the difficulty involved in having the child participate for the full length of the call . Of greater concern at this point is the lack of consistency by father "disappearing for weeks or months" . Is there also... Read more »
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