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Massachusetts Questions & Answers
1 Answer | Asked in Domestic Violence for Massachusetts on
Q: Wondering if my restraining order was violated

I have a restraining order on my son s father . I got it in 9/2022 and I currently updated it 9/11/2024 and is effective until 9/11/2026

The restraining order has already been violated last year and he plead guilty with a fine.

We are only to communicate via a court order app and... View More

Lissa McKinney
Lissa McKinney
answered on Nov 13, 2024

An order to communicate about you child via the OFW app or another is very important for setting boundary's and building trust. If the RO states it must be via the App, then it could be a violation. One issue is whether he understands the limits of the authorized discourse or not.... View More

1 Answer | Asked in Divorce, Real Estate Law and Family Law for Massachusetts on
Q: How can I get ex-husband off my mortgage and deed in MA?

I have been divorced for many years and would like to get my ex-husband's name off the mortgage and deed to the house. When we got divorce divorced, I assumed all responsibility for the house including mortgage payments, repairs, maintenance, etc. He has not paid any money toward the house at... View More

Brian Waller
Brian Waller
answered on Nov 5, 2024

This is nearly always specified in the Separation Agreement or Judgment of Divorce. If not, it may not have come to the judge's attention that there was real estate held in the names of both parties. Either way, you can remove your ex-husband's name from the mortgage by either refinancing... View More

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Massachusetts on
Q: Do two party consent laws prevent someone from recording someone else in their own home if both people live there?

Regards video and audio recording. Is there an exception for possible domestic abuse scenario

Brian Waller
Brian Waller
answered on Oct 23, 2024

There can definitely be consequences for recording someone without their consent.

While I certainly DO NOT recommend recording someone without their consent, if it is a safety issue and you feel recording the other party may assist you in creating a safer situation for yourself (such as...
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1 Answer | Asked in Health Care Law for Massachusetts on
Q: I booked an appointment at CareWell Urgent Care | Worcester Lincoln St ma on 09/17/2024 when i got there they asked for

out of pocket bill pay i told him i was on massheath and due to me being a

passenger of a yellow cab accident 3 days prior they could not see me so then i ask could i see the policy

for my denial of service and was told it would take to long to find it so i asked could he please... View More

Tim Akpinar
Tim Akpinar
answered on Oct 11, 2024

A Massachusetts attorney could advise best, but your question remains open for three weeks. Your post contains much information about disabilities, discrimination, the ADA, and other issues.

You should check with a Massachusetts attorney on this, but I believe Massachusetts may be a...
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2 Answers | Asked in Federal Crimes and Identity Theft for Massachusetts on
Q: what type of lawyer do I need for a fraud?

Rental agreement, banking.

Tim Akpinar
Tim Akpinar
answered on Oct 7, 2024

A Massachusetts attorney could advise best, but your question remains open for two weeks. If you're the one being accused of the fraud, and it has risen to a criminal level (insurance company or public agency making an accusation of fraud), then a criminal defense attorney consult could be a... View More

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1 Answer | Asked in Business Law and White Collar Crime for Massachusetts on
Q: I own an s corporation it’s a construction company and me and my two brothers are equal owners and myself

and one brother came to find out our other brother was using funds for personal gain , taking extra checks forging checks he wrote in our names and so on, we called a special meeting gave him ample notice he did not appear we voted to remove him as an officer of the company and fire him as an... View More

William J. Amann
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answered on Sep 30, 2024

You very likely need to get into Court (by filing a Complaint) and maybe get an injunction to stabilize operations and provide a full accounting. Business/partnership disputes are governed by the business' documents and usually, state law or the Uniform Partnership Act; it depends on how the... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Unclaimed Deposit to Bind Still in Escrow after Three Years

We sold our home in June 2021. We accepted an offer and have a signed OFFER TO PURCHASE REAL ESTATE agreement. The prospective buyer put down a binding deposit. Before the offer expired buyer backed out due to a family disagreement. We eventually sold the home. My RE agent and his attorney reached... View More

Christopher Tolley
Christopher Tolley
answered on Sep 23, 2024

It is unclear from your note what the circumstances were at the time the buyer backed out so it is difficult to tell whether the sentence you quoted unequivocally gives you a right to the deposit. Practically, brokers are reluctant to release deposits of this kind without all parties'... View More

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Opening the door

There is a trial in Florida where a woman shot through a door and killed her neighbor in what she claims in slf defense.

After the event someone in the community wrote negative things on the doo.

The door was brought into evidence at the trial today. But the door was painted over... View More

Lissa McKinney
Lissa McKinney
answered on Sep 8, 2024

First, you are asking about a Florida case, and that state's law would apply as to rules of evidence.

It seems like you are asking a question out of curiosity, rather than having a legal issue that needs some guidance by the lawyers that volunteer thier time. Please respect that the...
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1 Answer | Asked in Internet Law for Massachusetts on
Q: When Deleting an Online Account will that Void any Agreements that has been Made between myself and that Website,

or will the Agreement still be Valid?

Tim Akpinar
Tim Akpinar
answered on Aug 30, 2024

A Massachusetts attorney could advise best, but your question remains open for two weeks. Until you are able to consult with a local attorney who is familiar with state-specific consumer protections, the short answer is that it depends on the terms of the agreement. It's possible there could... View More

2 Answers | Asked in Estate Planning and Probate for Massachusetts on
Q: My late father has unclaimed money being held by the Commomwealth of Mass. I understand he may have died in debt

1) If I claim the money do I also assume the debt?

2) If so, can the debt be for more than the claim?

3) He was divorced at the time of his passing. Would an ex-wife be considered a surviving spouse? She passed after him

Travis Jackson
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answered on Aug 15, 2024

To claim the money you will need to be Personal Representative or Voluntary Administrator (for smaller estates) of his Estate. If you are, you will not assume his debt individually, the Estate would, the Estate needs to pay liabilities prior to distributing to its beneficiaries. If you have been... View More

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1 Answer | Asked in Car Accidents for Massachusetts on
Q: Am I liable for an auto accident caused by my parent in MA? I purchased and insured the car for her usage.
Tim Akpinar
Tim Akpinar
answered on Aug 12, 2024

A Massachusetts attorney could advise best, but your question remains open for two weeks. Until you are able to consult with a local attorney on the specific operation of law, the short answer is that you'd be liable in most places nationwide. Not liable for committing a wrongful act in the... View More

4 Answers | Asked in Trademark and Intellectual Property for Massachusetts on
Q: Is this a trademark issue?

My business is named Queen Bee Wax Studio and I just received a message from the owner of Queen Bee Salon and Spa saying that she owns the rights to Queen Bee Waxing. We are in the same industry but she's on the west coast and I'm on the east coast. Can she force me to change the name of... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Sep 1, 2024

There is a federal trademark registration for QUEEN BEE, for hair removal services, namely, face and body waxing services, owned by a company in Dallas, Texas. That company's cease-and-desist demand would have some credibility, although there is little likelihood of actual confusion by... View More

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4 Answers | Asked in Trademark and Intellectual Property for Massachusetts on
Q: Is this a trademark issue?

My business is named Queen Bee Wax Studio and I just received a message from the owner of Queen Bee Salon and Spa saying that she owns the rights to Queen Bee Waxing. We are in the same industry but she's on the west coast and I'm on the east coast. Can she force me to change the name of... View More

Robert Hugh Johnston III
Robert Hugh Johnston III
answered on Aug 9, 2024

I can provide some educational material related to trademarks. If someone has a federal registration on the principal register before another person begins using a mark, the federal trademark owner will be able to enforce it provided that there is a likelihood of confusion. If a person on the West... View More

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2 Answers | Asked in Family Law, Estate Planning and Probate for Massachusetts on
Q: Hi and so my parents had some money in the bank my sister took when parents died. I believe a portion of it is mine.

And so what do I do?

James L. Arrasmith
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answered on Jul 26, 2024

It sounds like a difficult situation you're facing. If you believe you are entitled to a portion of your parents' money that your sister took, you should start by gathering any documents that show your entitlement. This might include your parents' will, bank statements, or any other... View More

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2 Answers | Asked in Family Law, Estate Planning and Probate for Massachusetts on
Q: Hi and so my parents had some money in the bank my sister took when parents died. I believe a portion of it is mine.

And so what do I do?

Bao Tran
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Bao Tran
answered on Jul 25, 2024

I'm sorry to hear about the situation with your parents' estate. In cases where you believe you are entitled to a portion of your parents' money that was taken by your sister, there are several steps you can take to address the issue:

1. Review the Will and Estate Plan...
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2 Answers | Asked in Criminal Law and Identity Theft for Massachusetts on
Q: If my property is stolen/ID thefted, could it be used as court evidence by someone else, such as an impersonator?

I am not worried that it could be used against me, but more that someone else, possibly pretending to be the owner of the materials would use it in their own case.

James L. Arrasmith
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answered on Jul 26, 2024

If your property is stolen or your identity is used by someone else, it can be concerning to think about how it might be used. In court, evidence must be authenticated, meaning the court has to be convinced that the evidence is what the person presenting it claims it to be. If someone is... View More

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2 Answers | Asked in Criminal Law and Identity Theft for Massachusetts on
Q: If my property is stolen/ID thefted, could it be used as court evidence by someone else, such as an impersonator?

I am not worried that it could be used against me, but more that someone else, possibly pretending to be the owner of the materials would use it in their own case.

Bao Tran
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Bao Tran
answered on Jul 25, 2024

If your property or identity is stolen, it could potentially be used as evidence in court by an impersonator. However, the legitimacy and admissibility of such evidence would depend on various factors, including the ability to prove the theft and the identity of the true owner.

Intellectual...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: I have a green card and I left the US,I have been out of America for more than 9 months and my i131 is still pending.
James L. Arrasmith
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answered on Jul 24, 2024

If you have been out of the U.S. for more than 9 months and your I-131 is still pending, it’s important to take immediate action. Being out of the country for such a long period can affect your green card status. You might need to provide a valid reason for your extended absence.

Contact...
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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Estate Planning for Massachusetts on
Q: Can a deed to jointly owned property have language requiring all owners consent prior to any owner selling their share?

Can a property deed for jointly owned property in Massachusetts contain language (if mutually agreed upon by the joint owners) within the deed that prevents any joint owner of that property from selling his share of that property without the consent of the other joint owners and if so is such... View More

Anthony M. Avery
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answered on Jul 23, 2024

Such an executory estate might be drafted, but it would be difficult for the other tenants to enforce. It could also be deemed unenforceable as a restraint against alienation. No competent attorney would draft such a questionable conveyance. There are many other estates to consider which will... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Massachusetts on
Q: friend was charged with armed assault to rob & assault and battery with dangerous weapon pleaded guilty did his time

in 2017 apparently the victim died and he was just indicted for murder from that charge is that legal? The Commonwealth dismissed the charge of intent for murder and he already did his time and this was in 2017 please help me understand this as I really feel that my friend is not being treated... View More

James L. Arrasmith
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answered on Jul 21, 2024

I'm sorry to hear about your friend's situation. It is possible for someone to be indicted for murder if a victim dies from injuries related to an earlier assault, even if significant time has passed. This is because the death changes the nature of the crime from assault to potentially... View More

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