Massachusetts Q&A by Practice Area
Massachusetts Questions & Answers
Q: 13 yrs ago I was speeding to an appt. Got pulled over and got a citation, I asked if I had to go to court.
Officer said no, I asked what to do with citation, he said he didn't care. I never heard anything else on this. Would there be a warrent out for me? I am from Mass.
If it is a warning then you didnt need to do anything further. If it was a citation and you needed to pay a fine, and did not then you would have been notified of a license suspension. If it was a motor vehicle traffic offense that was also a criminal offense and you didnt show up, then a warrant... Read more »
Q: Inheritance and patent questions
My great grandfather was an inventor and patented at least 2 machines that I no of. I think he left the family some money
A patent that is issued is a legally a personal property, so that it can be inherited just like money, a car, or an art collection. If your great-grandfather owned patents, then it would have passed onto the appropriate heir (either by will or intestate).
The problem with inheriting... Read more »
Q: How do I find out about a will from my great grandfather??
He was an inventor and patented at least 2 machines that I no of. How can I did out about patents payments inherited residual or my rights???
If you are the Court appointed Personal Representative of his estate, then you have authority to
contact the Patent Office or you can engage counsel or a search service. Also, you will be able to
review his tax returns, and financial and all other records.
Q: What is the best way to assume the deed from a family members house when they move out. Gift or buy?
My son is planning to assume the deed of his grandmother’s house which is paid for. The plan was to have them gift the house for $30,000 to my son or buy it for that amount. How would these options affect my son’s income taxes at the end of the year. The property is valued at $290,000.... Read more »
An online Q & A forum like this one is not the place for advice about the disposition of a $290,000 asset. Find a lawyer versed in tax law or an accountant you trust.
Q: Can grandparents with green card earn social security compensation?
They are going for their citizenship but are unable to maintain a job do to age. Social security a possible source of income?
This is more of a social security question, so it should be posted in that section.
Q: Mental Anguish
I am a female who was involved in an abusive relationship for 7 months in Massachusetts in 2012. Because of the relationship I became severely mentally ill and am still ill and receiving Social Security disability. I've been unable to work full time since 2013. Would I be able to file a lawsuit... Read more »
I am sorry for your terrible situation. I assume this abuse happened while you were age 18 or over. Unfortunately, I believe the statute of limitations would bar any claims you may have. Typically, you have three years from the time of the incident to bring a lawsuit. The time has likely passed... Read more »
Q: If I have a Service Mark under an LLC can this be considered a "business name" to add to a business bank account?
I have an events LLC producing different types of events. I would like to have two brands under the main LLC to do business as. If I trademark or service mark the 2 event brand names, would that be enough to do business as and add the name to a business bank account? Or would I also need to open... Read more »
It isn't one or the other, they have different purposes. The short answer is that you should probably do both in order to accomplish everything you describe, and likely other things too. Hire a business attorney to give you specific advise on all of this.
Q: Awaiting Decision after Trial one year ago
We had our trial one year ago this month and I don't understand why it is taking so long to get a decision from the judge and also why does my lawyer fear submitting a status inquiry as to when a decision will be made?
You should discuss this with your divorce attorney. It is possible that he or she is aware of the Judge's calendar or other situation causing delay. The Court personnel may be/ probably are aware of the case remaining undecided as well. Your counsel probably does not want to anger or upset the... Read more »
Q: Looking to hire and get questions answered about estate and inheritance law in PR.
My husbands father passed away in 2015. We we told he owned property and arent sure if he had other assets. He has two chilrden my husband being one and his sister. When he passed their aunt to control of everything and included them in nothing. We are looking to find out if everything was done... Read more »
Hello, If your father in law was not a resident of Massachusetts, then it is not a Massachusetts matter unless there was property in Massachusetts in which case what is referred to as an Ancillary appointment would be needed, but this is would entail the same person being appointed in... Read more »
Q: Demanding full security deposit after 30 days of lease end
I moved out of my previous place 35 days ago. I gave proper notice 60 days in advance, and provided the landlord with address to return security deposit.
35 days later he says the damages go over the security deposit amount (implying he wont return money) and does not provide any... Read more »
I cannot give advice in this forum.
However, the landlord does not appear to have followed Section 15B. It may be too soon to sue, though. What court you bring this in will depend on the size of the deposit and the damages.
You should consult an attorney for assistance drafting any... Read more »
Q: If I am in the process of divorce, can a realtor sign me to a seller’s agreement if both of our names are on the deed?
I wasn’t really clear on what I was signing and it’s solely my name on all of the paperwork, also I wasn’t given a copy of it until after I verbally brought it up with the realtor a few days later.
Not all owners of real property are required to sign a purchase and sale agreement. So long as your spouse signs the deed at the time of closing, you will have performed under the agreement. The problem for the buyer in this situation is that it cannot compel a sale because only one of two owners... Read more »
Q: What happens at a chapter 13 bankruptcy non-evidentiary hearing?
I am a pro se Creditor in a Boston chapter 13 bankruptcy and filed an objection and motion to dismiss. A non-evidentiary hearing for both is set less than two weeks from now. What happens in the non-evidentiary hearing, and how can I best prepare for it?
You can "best prepare" for your motion hearing by hiring a bankruptcy lawyer.
Q: Is a pending spousal support mod action legal justification not to pay after filing bankruptcy?
My ex-husband filed for chapter 13 the second time and shortly thereafter filed a spousal support modification action to reduce or eliminate alimony. He will not pay any spousal support after filing bankruptcy, using the pending modification action as the reason. The support order is current and... Read more »
The stay does not pre ENT him from paying maintenance nor is it a legal justification to no pay. In most jurisdictions, however, modification if granted are retroactive to the date of filingvof the motion. You filing s contempt motion for nonpayment May be in order.
Q: My mother is in assisted living and she has an annuity that she has been using to pay for the assisted living.
Is there a way to protect the money that remains in her annuity?
It is impossible tip answer your question without reviewing the annuity contract but very likely on her death the remainder will have to be used to reimburse Medicaid.
Q: Did husband violate restraining order by locking me out of our buisness banking account and preventing doing my job?Ma.
I live in Massachusetts. Iam about to file for divorce.he is narcissist sociopath/bipolar (reason for restraining order w/o too much detail)
Whether he is in violation depends on the wording on the restraining order, and what is said regarding the business. If it was silent as to the business address then he can be there. If it said he could not go to the business property and whatever he did was online, he is probably OK. Once a... Read more »
Q: My spouse got physical custody of my daughter 10 yrs ago. My daughter wants to move in with me. Do I need a court order?
Daughter is 16 years old.
Hello, yes, you should file a Modification proceeding and a Motion for Temporary Orders seeking primary physical custody of the child and if granted, then you would be entitled to child support from the other spouse.
Q: Hello So,I got assaulted, and got into a fight at my job with a coworker. I filled a police report.
Thank you for sharing. You have not asked any question.
Q: Is assault w a dangerous weapon if you break a bowl when someone is in another room with the door closed
It doesn’t sounds like an assault with a dangerous weapon. There are two versions of assault in Massachusetts:
In order to establish the first form of assault — an attempted battery — the prosecution must prove beyond a reasonable doubt that the defendant intended to commit a battery... Read more »
Q: Massachusetts- Rights of the father to seek psychological help for his son, mom refuses. What can be done?
Step mother is being verbally and physically abused by the her oldest step son. Father wants to get him psychological help for these issues but the mother isn't cooperating. Child lives 3 hours away in another state. What are the father's rights to getting his son the help he needs?
You have not stated the age of the child. If he is a minor and if father has joint legal custody then he can seek a Modification for Medical decision-making authority based upon mother's refusal to deal with the aggression . You would need a Petition for same and a Motion for Temporary Orders as it... Read more »
Q: I was involved in a prolonged period of exposure of Cellulube 220 onboard the USS Independence (CV-62), circa 1984.
I have become debilitatingly ill, e.g. demyelinating brain lesion, Arachnoiditis, etc, but my healthcare team and the VA do not see a causative link to my documented exposure.
Thank you for your service. I'm sorry to learn about your illness stemming from exposure to Cellulube. You would get the most meaningful guidance from a law firm that handles veteran's benefits, and I don't think there is a tab for that in the Find a Lawyer section here. You could conduct your own... Read more »
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