Massachusetts Questions & Answers by Practice Area
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Massachusetts Questions & Answers
Q: Does PR need to seek court's permission to charge rent to tenant residing in decedent's 3 family home?
1 Answer
| Asked
in
Estate Planning, Family Law, Real Estate Law and Probate
for
Massachusetts
on
Answered on Sep 19, 2017
Answered on Sep 19, 2017
Jonathan R. Roth's answer
This presents a complicated issue. I would go to court and ask for permission to charge and collect rent as well as sell the property, not so much as to get permission but to save you from a contest over your actions by your sister in the future. I would contact an attorney immediately for help. There are variety of issues you need to confront with a situation like this. You do not indicate whether your sister is financially able to buy the property or even pay rent, her competency or other...
This presents a complicated issue. I would go to court and ask for permission to charge and collect rent as well as sell the property, not so much as to get permission but to save you from a contest over your actions by your sister in the future. I would contact an attorney immediately for help. There are variety of issues you need to confront with a situation like this. You do not indicate whether your sister is financially able to buy the property or even pay rent, her competency or other...
Q: In Massachusetts, what happens if a wife does not show up for an uncontested divorce?
Lillian J. LaRosa's answer
She would need a Motion to Waive Her Attendance and Affidavit to accompany same explaining a cogent reason for her unavailability such as being away and would incur expense of a flight and accommodations, in hospital, away on a business trip and inability to take time off from employment, etc. Mere unwillingness to attend is not enough.
She would need a Motion to Waive Her Attendance and Affidavit to accompany same explaining a cogent reason for her unavailability such as being away and would incur expense of a flight and accommodations, in hospital, away on a business trip and inability to take time off from employment, etc. Mere unwillingness to attend is not enough.
Q: Does my grandfather's will leave everything to me and exclude my cousin?
1 Answer
| Asked
in
Estate Planning, Family Law and Probate
for
Massachusetts
on
Answered on Sep 18, 2017
Answered on Sep 18, 2017
Lillian J. LaRosa's answer
First of all until your grandfather dies he is able to change his Will if he is competent to do so. The language of the Will would be examined to determine who the devisees are and there are also the heirs who would receive notice so that a contest may occur. Without seeing this instrument it is not possible to tell whether child C's son is excluded as well. There can also be residuary clauses which address what is to happen if a devisee fails to survive the testator.
First of all until your grandfather dies he is able to change his Will if he is competent to do so. The language of the Will would be examined to determine who the devisees are and there are also the heirs who would receive notice so that a contest may occur. Without seeing this instrument it is not possible to tell whether child C's son is excluded as well. There can also be residuary clauses which address what is to happen if a devisee fails to survive the testator.
Q: if a house was inherited after they where married but it is only in his name. is she entitled to any of it in the divoc
Lillian J. LaRosa's answer
All assets regardless of when received are subject to the Court's equitable distribution. The issues are whether there was a long term marriage, the comparative ability of the parties to acquire assets in the future, the contributions of the parties to the marriage, etc. which are outlined in the relevant statute. Often where there is a shorter marriage and no care provided to the decedent and the funds inherited were kept separately and not used for the divorcing family's expenses, the Court...
All assets regardless of when received are subject to the Court's equitable distribution. The issues are whether there was a long term marriage, the comparative ability of the parties to acquire assets in the future, the contributions of the parties to the marriage, etc. which are outlined in the relevant statute. Often where there is a shorter marriage and no care provided to the decedent and the funds inherited were kept separately and not used for the divorcing family's expenses, the Court...
Q: Can a mother in the state of mass keep her 17 year old son from his father? There are no court orders nor child support.
Lillian J. LaRosa's answer
Hello, although you have the right to visitation, where the child is 17 the Courts are generally unenthusiastic about Contempt Complaints even where there are Orders for visitation where the child is close to the age of majority and able to determine his activities. Where there is no visitation order there is little ability to obtain visitation unless the child wants to do so. I am surprised there are no child support orders, however.
Hello, although you have the right to visitation, where the child is 17 the Courts are generally unenthusiastic about Contempt Complaints even where there are Orders for visitation where the child is close to the age of majority and able to determine his activities. Where there is no visitation order there is little ability to obtain visitation unless the child wants to do so. I am surprised there are no child support orders, however.
Q: Need ADvice on Contempt CUstody Case
Lillian J. LaRosa's answer
Hello, does your husband have joint legal custody currently? If so he should be able to obtain medical and school information. As far as the Contempt goes, it appears that visits have been withheld and unless there is danger to the child alleged as a reason for withholding same, the Court will not take the noncompliance lightly. If you have counsel the Court can order payment of your counsel fees to you if Contempt is found to have occurred.
Hello, does your husband have joint legal custody currently? If so he should be able to obtain medical and school information. As far as the Contempt goes, it appears that visits have been withheld and unless there is danger to the child alleged as a reason for withholding same, the Court will not take the noncompliance lightly. If you have counsel the Court can order payment of your counsel fees to you if Contempt is found to have occurred.
Q: My daughter was wrongfully fired. Her pay check is now ready. Does she have to sign to get it
Jonathan R. Roth's answer
If they are including severance pay, then she may have to sign something. If they are just paying her wages and accrued vacation pay, then no she does not have to sign anything. I would contact an employment attorney in your area if you have more questions.
If they are including severance pay, then she may have to sign something. If they are just paying her wages and accrued vacation pay, then no she does not have to sign anything. I would contact an employment attorney in your area if you have more questions.
Q: Can an organisation be held vicariously liable for the action of it employee causing harm to another employee of others?
Jonathan R. Roth's answer
If the action by the company and/or the employee was with malicious intent, then it is an intentional tort. The issue then becomes whether the employee was acting within his/her official capacity or not. Anyone can file a lawsuit, the issue will be whether the action was outrageous or not and if it rose to an intentional tort.
If the action by the company and/or the employee was with malicious intent, then it is an intentional tort. The issue then becomes whether the employee was acting within his/her official capacity or not. Anyone can file a lawsuit, the issue will be whether the action was outrageous or not and if it rose to an intentional tort.
Q: if i apply for green card after getting married hw long 2 get temporary green card to stay in us,until i get permanent
Myron Morales' answer
If you have been married for less than two years at the time of approval, you will be given conditional residence for two years. How long it takes to get this depends upon the timing at your local office, but on average it takes about six to eight months. In the interim, you can apply for work authorization and, if you are eligible, advance parole for international travel.
If you have been married for less than two years at the time of approval, you will be given conditional residence for two years. How long it takes to get this depends upon the timing at your local office, but on average it takes about six to eight months. In the interim, you can apply for work authorization and, if you are eligible, advance parole for international travel.
Q: Family probate question
Peter C Herbst Jr's answer
If the $3,400 of unclaimed property belongs to the Estate of your Great Uncle that passed away in 2006, the Executor, now called a Personal Representative, of that Estate would need to file the claim paperwork. Since the original Executor passed away someone with priority of appointment under the statute, or by Will, would need to petition to be appointed successor. You should have an attorney review everything to make sure this is all correct because you don't want to spend time and money...
If the $3,400 of unclaimed property belongs to the Estate of your Great Uncle that passed away in 2006, the Executor, now called a Personal Representative, of that Estate would need to file the claim paperwork. Since the original Executor passed away someone with priority of appointment under the statute, or by Will, would need to petition to be appointed successor. You should have an attorney review everything to make sure this is all correct because you don't want to spend time and money...
Q: What should I do if the operator that hit me is not insured and it is 100% their fault?
Peter Munsing's answer
First, maybe the owner has insurance. If you were hurt, why not contact a member of the Mass Academy of Trial Lawyers--they give free consults, and will help you through this.
If you have collision, yes you pay the deductible but they will go after the other person and their driver and get it out of them.
However you have rights as far as medical payments so I really suggest you contact an MATL member in the county where the wreck happened.
First, maybe the owner has insurance. If you were hurt, why not contact a member of the Mass Academy of Trial Lawyers--they give free consults, and will help you through this.
If you have collision, yes you pay the deductible but they will go after the other person and their driver and get it out of them.
However you have rights as far as medical payments so I really suggest you contact an MATL member in the county where the wreck happened.
Q: My father was executor of my grandmothers estate. Now my father has passed. Do me and my siblings hav half of my grandm
Kenneth V Zichi's answer
It depends on how your father's estate planning is structured -- it is not 'automatic' ... If your father had a will you will take whatever he provided for there. If not, you will take according to the plan set forth by the state legislature in the state your father resided.
If you aren't sure how to do this, please seek out a local estate and probate lawyer in the area where your father lived to help you through the process. It will likely be pretty easy, but the details are important...
It depends on how your father's estate planning is structured -- it is not 'automatic' ... If your father had a will you will take whatever he provided for there. If not, you will take according to the plan set forth by the state legislature in the state your father resided.
If you aren't sure how to do this, please seek out a local estate and probate lawyer in the area where your father lived to help you through the process. It will likely be pretty easy, but the details are important...
Q: Fled abuse in Texas. Was given full custody of my two year old child, the judge ordered me to move back what can I do.
Lillian J. LaRosa's answer
If you had your orders in Texas, you would need to contact a Texas attorney with regard to what type of Court permission you needed from the Court there to remove the child from the state of Texas. If the child has been in Massachusetts for over 6 months normally Massachusetts would have jurisdiction over the child, but if there was a claim that the child was brought to Massachusetts and is in danger, Texas may have been operating under that view when issuing the order to produce the child....
If you had your orders in Texas, you would need to contact a Texas attorney with regard to what type of Court permission you needed from the Court there to remove the child from the state of Texas. If the child has been in Massachusetts for over 6 months normally Massachusetts would have jurisdiction over the child, but if there was a claim that the child was brought to Massachusetts and is in danger, Texas may have been operating under that view when issuing the order to produce the child....
Q: What do i need to do to file for joint custody
Ali Ebrahimzadeh, Esq.'s answer
You'd have to file in court a motion requesting that. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody,...
You'd have to file in court a motion requesting that. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody,...
Q: How do I find legal help in MA, My husband soon to be ex husband has an attorney and will be divorcing me.
Lillian J. LaRosa's answer
Hello, You should check with the Volunteer Lawyers project with the Boston Bar Association for a referral once your eligibility is determined by them.
Hello, You should check with the Volunteer Lawyers project with the Boston Bar Association for a referral once your eligibility is determined by them.
Q: If a document has been misrepresented by a plaintiff, can the defendant convince the court to rule it inadmissible?
Jonathan R. Roth's answer
You can argue that they failed to provide information requested in a timely manner and ask for its exclusion. There is no guarantee you will succeed. Likewise, seek permission to revise your answers to the Interrogatories based on the new legible copy. I believe you need to get assistance from an attorney.
You can argue that they failed to provide information requested in a timely manner and ask for its exclusion. There is no guarantee you will succeed. Likewise, seek permission to revise your answers to the Interrogatories based on the new legible copy. I believe you need to get assistance from an attorney.
Q: Lawsuit for injury at work then being fired
1 Answer
| Asked
in
Employment Law and Workers' Compensation
for
Massachusetts
on
Answered on Sep 5, 2017
Answered on Sep 5, 2017
Jonathan R. Roth's answer
Contact a workmen's compensation attorney immediately. If you do not know one, call the Massachusetts bar association and ask for a list of attorneys in your area to assist you.
Contact a workmen's compensation attorney immediately. If you do not know one, call the Massachusetts bar association and ask for a list of attorneys in your area to assist you.
Q: What do I have to do to claim an inheritance of land in ponce that's been going on for 34 years that a few people want ?
Jonathan R. Roth's answer
You need to file a petition to open the estate and claim the property. Check to see if an estate was ever opened before for the owner whose name appears on the deed. First, contact a local title search company like Quirk Title and order a title for the property. Check with the probate court where the owner last lived and check to see if an estate was ever opened. Then contact an attorney in your area to assist you.
You need to file a petition to open the estate and claim the property. Check to see if an estate was ever opened before for the owner whose name appears on the deed. First, contact a local title search company like Quirk Title and order a title for the property. Check with the probate court where the owner last lived and check to see if an estate was ever opened. Then contact an attorney in your area to assist you.
Q: my grandfather passed with out a will and I am the only heir how do I access his accounts?
2 Answers
| Asked
in
Estate Planning, Family Law and Probate
for
Massachusetts
on
Answered on Aug 30, 2017
Answered on Aug 30, 2017
Lillian J. LaRosa's answer
Hello, If you were the beneficiary of the life policy or if you were the only survivor as a contingent beneficiary, then you will need his death certificate and death certificates of the other contingent beneficiaries if you are the survivor. Now, that said, sometimes no beneficiary is named and that would entail commencing an estate if there would be a pay out of over $25,000. If under $25,000 then you would be able to file a Voluntary Statement with the Probate Court where he resided. This...
Hello, If you were the beneficiary of the life policy or if you were the only survivor as a contingent beneficiary, then you will need his death certificate and death certificates of the other contingent beneficiaries if you are the survivor. Now, that said, sometimes no beneficiary is named and that would entail commencing an estate if there would be a pay out of over $25,000. If under $25,000 then you would be able to file a Voluntary Statement with the Probate Court where he resided. This...
Q: What will happen to the already filled cases under the Raise Act recently introduced by the president?
Namita Agarwal's answer
The bill has not been passed so there would be no impact on pending family based immigration petitions.
The bill has not been passed so there would be no impact on pending family based immigration petitions.
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