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Massachusetts Questions & Answers
1 Answer | Asked in Criminal Law for Massachusetts on
Q: Can the police raid my home after a traffic stop and found nothing? Is it considered harassment now what they’re doing?

Unfortunately I am a drug user to put it bluntly, tonight my boyfriend and I were surrounded after meeting someone and they found nothing and we went home. Now, they have undercover posted near our house watching us. Can they legally raid us or do anything. Isn’t this harassment because we... Read more »

Ismail Mohammed
Ismail Mohammed answered on Dec 4, 2020

Hello,

They can't just raid your home. They would have to obtain a search warrant before they can do anything. In order for a judge to sign off on it, the police must submit an affidavit stating why they believe contraband will be found on your home.

I wish you well and if you...
Read more »

1 Answer | Asked in Divorce and Real Estate Law for Massachusetts on
Q: Divorce ??? I have a deed & mortgage with a Joint tenancy with right of survivorship with my dad ( father / son).

I have a deed & mortgage with a Joint tenancy with right of survivorship with my dad ( father / son).

My wife has filed for divorce.

She was not added to deed / mortgage because at the time of purchase she was in arrears with the DOR for back child support from another... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Dec 3, 2020

It looks like it is a marital asset to be divided equitably by the Probate Court if the parties are unable to agree on property distribution. You have not stated the duration of the marriage or other circumstances so assuming at least 10 years it is possible that the Court would assign 50% of the... Read more »

1 Answer | Asked in Copyright for Massachusetts on
Q: I'm getting email threats by an IP law firm in CA over an innocent mistake I made 7 yrs ago experimenting with HTML site

7 years ago, while a newly trained massage therapist I made a site for my "future dream practice" using an HTML template. I didn't know then about copyright for images online. I picked some random images from google just to use as placeholders to substitute the empty gray placeholder... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 2, 2020

You should consider consulting with an attorney.

Unless you stopped paying for hosting or the domain name it is difficult to think that the website is not active.

Regardless you should remove all offending material ASAP.

You may want to negotiate with them, hopefully without...
Read more »

1 Answer | Asked in Probate for Massachusetts on
Q: I have the stamped voluntary administration statement showing i am the administrator of my deceased father's estate.

The person he lived with won't open the door for us or the police and isn't returning calls. What is the next step to get this person to comply with court order?

Lillian J. LaRosa
Lillian J. LaRosa answered on Nov 30, 2020

Was there a lease? Then the landlord could allow entry. If you continue to have problems you may need to seek appointment as a Personal Rep to proceed further against this problematic individual.

2 Answers | Asked in Real Estate Law for Massachusetts on
Q: My father recently passed. He owned a home with a friend. What are my responsibilities as a surviving adult child?

The friend is not a legal spouse but still lives in the home. My father is listed on the deed/mortgage as a joint tenant in common. Can this house be sold without approval by his heirs?

Kimberly Winslow
Kimberly Winslow answered on Nov 29, 2020

The deed would typically be tenants in common or joint tenants with right of survivorship. If right of survivorship, property automatically goes to the co-owner. If it is tenants in common, then it would need to go through probate to determine his heirs. Unless the deed states otherwise,... Read more »

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1 Answer | Asked in Uncategorized for Massachusetts on
Q: Can I get a lawyer to certify a copy of my passport?

I am trying to open an overseas bank account. I have been asked by the bank to provide a "certified" copy of my passport and driving licence. They require confirmation that 'the copy is a true likeness' of the original. Can you advise on where I can get this done? Is this a... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 28, 2020

A Massachusetts attorney could advise best, but your post remains open for two weeks. As a starting point, you could contact the U.S. Department of State, the government agency that issues U.S. passports, to see if they might be able to offer guidance. Good luck

Tim Akpinar

1 Answer | Asked in Contracts and Employment Law for Massachusetts on
Q: Hi I have been working for a temp agency since December 2019. I am working at a retail store in Massachusetts.

The temp agency is out of New York. I know that New York does not offer time and a half on Sunday's, but I was wondering since I am working at a retail store here in Massachusetts should I be getting paid time and a half? I know there is some law about time and a half on Sundays working in... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Nov 25, 2020

Federal law only requires that you be paid time and a half for all hours worked over 40 in a workweek (regardless of which days you work). While your employer may offer time and a half or increased pay on weekends as an incentive to work these days, they are not required to do so.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Is it allowed to apply for STEM Extension from outside USA?

Hello, I am on F1 visa and am currently employed post-graduation on my initial OPT which is about to end in January. For some personal reason, I have been out of the country since a month. My company is in the process of preparing documents and I most likely will apply for STEM Extension in the... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Nov 24, 2020

It would probably be best in the long run for you to return to the US and apply here. It would likely simplify things in the long run.

2 Answers | Asked in Real Estate Law for Massachusetts on
Q: How do i go about transfering poperty in puerto rico under my name

My grand mother passed a few yrs ago with no will... none of the siblings want the property i have the original deed and paperwork to the property how do i go about transferring the property deed under my name without traveling to puerto rico

Christopher Tolley
Christopher Tolley answered on Nov 24, 2020

I think you have to get in touch with an attorney in Puerto Rico, unless you can find someone here who is licensed to practice in Puerto Rico.

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1 Answer | Asked in Probate for Massachusetts on
Q: Does my deceased son’s girlfriend have to sell the home they and their 2 children lived in to give the equity to kids?

No will. House and mtg. in son’s name. Equity seen as 1 of his assets for kids. My son wanted that home for his girlfriend and kids. Keeping the home keeps them in a house.

Lillian J. LaRosa
Lillian J. LaRosa answered on Nov 23, 2020

The surviving children are the ones who have the priority of appointment as Personal Reps of the intestate estate, but if they are minors they will not be able to petition the Court. Girlfriend has no legal status but can be a Formal Petitioner for appointment. Someone will need to be appointed as... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Over 1 year of tenancy, my room mate has embezzled $13,600.00 from me. Bills were not paid. He spent all of it. Help!

I have already broken down all of the financials down to the cent. I have receipts for everything and multiple written admissions of guilt from him. When I figured it out, he abandoned the property, and we are about to be evicted. I’m going broke paying double. His millionaire father co-signed... Read more »

Dakota Martin
Dakota Martin answered on Nov 19, 2020

You could go to the district or municipal court near the house and file a private criminal complaint. The clerk will give you a form where you can write the facts you posted on Justia, maybe with a few more details/dates etc. The court will send a notice of a clerks hearing to this guy . You both... Read more »

1 Answer | Asked in Collections, Landlord - Tenant and Small Claims for Massachusetts on
Q: Can a person sue me for non-payment after refusing to give me the bill?

After a break up I spent some time living with my Nana. Our agreement was I’d work in lieu of rent in her shop, but pay utilities in the house I occupied since it’s normally empty. The utilities were in her name. After events ranging from abusive, to manipulative, to straight out slanderous I... Read more »

Christopher Tolley
Christopher Tolley answered on Nov 18, 2020

You appear to understand and agree that you owe the bill for March. However, if you do not know the amount to pay, you cannot pay it. Your Nana would have to show you knew the amount you had to pay, that she asked you for the money, and you refused to pay.

3 Answers | Asked in Real Estate Law and Tax Law for Massachusetts on
Q: I co-own a property in Massachusetts. The other owner is buying me out. Are there tax issues I should be aware of?
Steven J. Fromm
Steven J. Fromm answered on Nov 17, 2020

You will have a taxable gain based on the sales proceeds less your basis in the property. If the property was subject to depreciation, then you would have "recapture" income. This recapture income would be taxed as ordinary income and not as capital gain income. Any amount of gain in... Read more »

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1 Answer | Asked in Divorce for Massachusetts on
Q: Where can i find a pro bona lawyer tk help me with my divorce. He has served me and ive been evicted from our home.

I havent enough money to move out. And or pay a lawyer to help me fight.

Lillian J. LaRosa
Lillian J. LaRosa answered on Nov 16, 2020

You can try Western Mass Legal services or Western New England Law school.

1 Answer | Asked in Criminal Law, Estate Planning, Real Estate Law and Probate for Massachusetts on
Q: "Will" probated in 2017 norfolk county MA. Wife terminated their estate lawyer to stealing/hiding funds. What to do?

Eldest child 30 yr long criminal h/o not involved in family started coming around. Slowly manipulated mother english only spoken reading minimal. Began causing conflict against the youngest. Identity theft other crime reason father clear to keep eldest away knew she would steal money if gained... Read more »

Steven J. Fromm
Steven J. Fromm answered on Nov 15, 2020

If you do not have a statute of limitations problem since this case goes back to 2017, you must immediately retain an estate litigation attorney. A general legal Q&A forum like this one cannot give you the help you need.

1 Answer | Asked in Employment Law, Immigration Law and Employment Discrimination for Massachusetts on
Q: Can an employer refuse to hire you on OPT?

I am a Masters' graduate from a STEM degree. I graduated in May 2020 so I am currently on OPT. I was given a confirmed written offer by a company, but when they were doing background checks etc, they asked me about my visa status. I told them I was on STEM OPT so I officially had 3 years of... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Nov 11, 2020

If employment is at will, then there is probably nothing you can do about it. It is hard to say if discrimination based on visa status is valid, given a company’s long-term goals. Your best option would be to discuss your case with an attorney with knowledge of workplace issues.

1 Answer | Asked in Employment Law for Massachusetts on
Q: FMLA usage and retaliation

Can an employee who already has intermittent FMLA attempt to use it after missing work for condition even if it wasn’t approved as it was reported late, but manager encouraged it. Then fires them for attempting to use it months later?

Kyle Anderson
Kyle Anderson answered on Nov 11, 2020

More information is needed here. An employee is usually required to follow the employer's defined protocols when using FMLA leave. I would reach out to an employment law attorney in your state.

1 Answer | Asked in Criminal Law for Massachusetts on
Q: How do you defend against false assault charges? My wife is making things up and the judge is going along with it!

i.e. She says we could not buy fireworks once and I leapt at her and punched her in the face. I have no police records at all, not even speeding. She has no medical records. My kids (all of them!) could testify that this is false and that I have nowhere near that kind of temperament. She has a... Read more »

Ismail Mohammed
Ismail Mohammed answered on Nov 5, 2020

Hello,

I'm sorry to hear about the restraining order issue. At this point, you can ask the judge to terminate or modify the order. If you have an adult child, as you do, it is best to see if he/she is willing to testify. It's important to have an attorney present to advocate on...
Read more »

1 Answer | Asked in Criminal Law and Family Law for Massachusetts on
Q: A restraining order hearing against my wife and daughter was extended for six months. How can I get visitation?

I want to see my daughter - even supervised. I am fighting the charges but how can I see or call her? Should I try to modify the order?

Joseph B. Simons
Joseph B. Simons answered on Nov 5, 2020

You could file a motion to modify the restraining order to allow for visitation.

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: Purchase puppy from breeder in GA I live in MA dog sick 24 hours after $7,800 vet bill to save what could I do

No contract I have all text messages which we did the deal he has a website which he has all his terms and conditions that gives a cash refund if the dog is found to be sick 72 hours by a legal veterinarian he did tell me that his littermate tested positive the night before I was going to pick her... Read more »

Joanne Belasco
Joanne Belasco answered on Nov 4, 2020

First, I am so sorry that your new puppy was sick! As to your course of action, it depends. You are above the amount for small claims court but it can be hard to get an attorney to take a case to trial if the sum isn't a lot higher. You may be able to do a demand letter for a settlement... Read more »

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