Massachusetts Questions & Answers

Q: Can a neighbor build a wall in the hallway from my dor across the hall to his door and take over space and block my exit

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Massachusetts on
Answered on Mar 27, 2017

Your landlord may need to stop this. Review the lease with a lawyer. This may also violate MA building codes, which you can report to the city or county. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of...
View Details »

Q: What legal recourse is available to stop harassment and false accusations in a contentious divorce, child custody case?

1 Answer | Asked in Family Law for Massachusetts on
Answered on Mar 27, 2017

This may form the basis of a motion for sanctions for abuse of process. He may need a more aggressive and savvy lawyer. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
View Details »

Q: How can my son get back custody of his children?

1 Answer | Asked in Child Custody for Massachusetts on
Answered on Mar 27, 2017

See: http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-subj/about/custody.html

What rights was she granted as part of the guardianship order? He may need to file for custody and to challenge the guardianship. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice...
View Details »

Q: What legal rights do I have as a tenant at will in an illegal apartment, who was evicted without notice?

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Answered on Mar 27, 2017

See: http://www.mass.gov/courts/selfhelp/housing/evictions-tenants.html

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
View Details »

Q: Can reasonable accommodation include religious setting for school tutoring

1 Answer | Asked in Civil Rights and Health Care Law for Massachusetts on
Answered on Mar 27, 2017

As in requiring a public school to set up a special church for you to study in? No, that would violate the Establishment Clause. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
View Details »

Q: My landlord gave us Summons and Complaint but we never got Notice to Quit for being late with rent.

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Answered on Mar 27, 2017

You can object to not receiving the Notice. See: http://www.mass.gov/courts/docs/lawlib/docs/notice-quit-14.pdf

See: http://www.mass.gov/courts/selfhelp/housing/evictions-tenants.html

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in...
View Details »

Q: Can have a demostic violence charge and not face prison time

1 Answer | Asked in Domestic Violence for Massachusetts on
Answered on Mar 25, 2017

You shouldn't discuss such case facts in a public forum, as this can be used against you in your case. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce...
View Details »

Q: Pulled over going 86 in 65 time of citation officer had lights completely off and also had a headlight out. Dismissible

1 Answer | Asked in Traffic Tickets for Massachusetts on
Answered on Mar 25, 2017

I see no defense based on these facts alone. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
View Details »

Q: I'm disabled and my landlord is trying to get me to leave so he just served me with a 14 day notice to quit.

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Answered on Mar 24, 2017

See: http://www.mass.gov/courts/selfhelp/housing/eviction.html

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education...
View Details »

Q: Will my dwi convictions in New York prevent me from obtaining a mass license?

1 Answer | Asked in DUI / DWI for Massachusetts on
Answered on Mar 24, 2017

If the NY matter is not cleared and dismissed, then maybe. See: https://www.massrmv.com/SuspensionsandHearings/Suspensions/OutofStateSuspensionsandRevocations.aspx

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the...
View Details »

Q: If my wife and I agree to split assets by what we've always to define as mine and hers

2 Answers | Asked in Divorce for Massachusetts on
Answered on Mar 23, 2017

Depending on the length of the marriage and several other important factors such as age, education, income, health, ability to attain future assets, whether there are children and conduct and the existence of a marital partnership, such a split may be deemed to be unreasonable by the Court despite the apparent acquiescence of the party to receive the smaller share of the marital estate.
View Details »

Q: Should I try and fight my speeding ticket?

1 Answer | Asked in Traffic Tickets for Massachusetts on
Answered on Mar 22, 2017

If you're guilty, how would you contest it? I don't hear any defense in your facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody,...
View Details »

Q: Was asked to babysit someone's dog for a month. It has been over a year and he wants to come get him. Can he do that?

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Answered on Mar 22, 2017

It sounds like he abandoned the dog, and the dog might belong to you now. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
View Details »

Q: Do I legally have my Degree if I met all academic requirements, but the University is withholding due to a balance owed?

1 Answer | Asked in Education Law for Massachusetts on
Answered on Mar 22, 2017

They can withhold your degree, typically, for unpaid balances. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...
View Details »

Q: Is it wrong to hire someone for a specific job and then have them rarely do what you hired them for

2 Answers | Asked in Employment Law for Massachusetts on
Answered on Mar 22, 2017

You can quit if you like. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal...
View Details »

Q: Me and my husband have an open case and he was wondering if he pleads out would they drop my charges

1 Answer | Asked in Criminal Law for Massachusetts on
Answered on Mar 22, 2017

That depends, but I see no reason why that would happen, generally speaking. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
View Details »

Q: If i quit claim my name off a house deed can creditors still go after that house for my credit card debt?

2 Answers | Asked in Real Estate Law for Massachusetts on
Answered on Mar 22, 2017

Probably not. And they probably can't go after it even if you keep title in your own name. In most states, a judgment lien (of a general creditor that has obtained a judgment against you personally) that is recorded against real estate cannot be foreclosed against the homeowner's homestead exemption up to certain limits. The main exception usually being a consensual mortgage granted by you on loan to buy the house. So, if you live in it, it is probably your homestead and is probably exempt...
View Details »

Q: My mom is going to pass soon. How does it work for Taking over her mortgage?

2 Answers | Asked in Estate Planning for Massachusetts on
Answered on Mar 22, 2017

You probably can't, though you can always ask -- most mortgage companies and banks won't do assumption transactions on residential mortgages. (I'm assuming for these comments, that you are your mom's sole heir and sole beneficiary under any valid will or trust). If you have good credit and are willing to undertake a new loan, you may be able to pay off the existing mortgage and replace it with the new one along with the transfer of title to the property to you.

But first things...
View Details »

Q: Can my soon to be ex-husband visit with my child at daycare when it is not one of his visitation times.

2 Answers | Asked in Child Custody and Divorce for Massachusetts on
Answered on Mar 22, 2017

If the Temporary Order does not give him visitation at the day care center, then he does not have the right to visit the child there and you should contact the day care center to let them know and provide them with a copy of the Temporary Order. You should also pursue a Contempt complaint for his violating the temporary order. Why did you not have the restraining order extended? The fact that the divorce is still pending should have been a factor to extend same. If you have an attorney you...
View Details »

Q: in 1948 my uncle deeded his house to his mother she died shortly after can he inherit a interest in the property

3 Answers | Asked in Probate for Massachusetts on
Answered on Mar 21, 2017

Yes, possibly. He was still her son (according to your statement) and an heir at law when she died, which means he would probably at least be entitled to share in any distribution of property she owned if she died without a valid will. If she did have a valid will, whether he inherited anything of hers would depend on what she provided in it.

PS: My comments here are for general information only and are not legal advice about your specific situation nor do they create an...
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.