Massachusetts Questions & Answers

Q: How can I bring my grandmother, who resides in Puerto Rico, against her will and her husbands will to the United States?

1 Answer | Asked in Family Law and Elder Law for Massachusetts on
Answered on Jan 19, 2018

You will need to engage an attorney who practices elder l;aw/guardianship in Puerto Rico and you likely will have to attend court there to obtain guardianship with authority to move her to Massachusetts. This is really a Puerto Rican law question.
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Q: How is prorating calculated for office subletting when they are renting the space for 2 days per week, 400$/month.

1 Answer | Asked in Contracts and Landlord - Tenant for Massachusetts on
Answered on Jan 17, 2018

If you are renting the property for 2 days a week being Monday and Wednesday, then you would prorate at the number of Mondays and Wednesdays between the start date and the last day of the month.
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Q: HOw do I prorate a month of rent to a subletter renting mondays and wednesdays for 400/month.

2 Answers | Asked in Contracts, Business Law and Landlord - Tenant for Massachusetts on
Answered on Jan 17, 2018

Unless agreed specifically, you prorate on the days of the month.
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Q: Been in my child life since birth.Now mother wants to replace me with Sister or Grandmother. My name is on the BC.Help

1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Answered on Jan 17, 2018

Depending upon the time lag between when you commenced your petition for relief and your diminished involvement with the child care, your odds are worsened if you appeared to be agreeing with the change. You should have a visitation/"parenting" schedule.
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Q: me and my ex had a baby. 3 months ago I moved back to FL with her due to his drug abuse. Can I request child support.

1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Answered on Jan 17, 2018

Yes, you can commence a Paternity action if his paternity has not been acknowledged or established or a Complaint for Custody and Support in Massachusetts as the child has not yet been living in Florida for 6 months, Massachusetts is still the child's home state.
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Q: Tenants of Entirety cape cod home, what happens when mother in law dies with 2/3 ownership My wife and I own 1/3

1 Answer | Asked in Real Estate Law for Massachusetts on
Answered on Jan 16, 2018

Tenants by the entirety is only between married persons. So the 1/3 that you and your wife own together may very well be as tenants by the entirety, but that tells us nothing about the 2/3 that you say her mother owns in relation to you. If that ownership is as tenants in common, then her ownership interest goes to her heirs through probate. If it is as joint tenants, then it goes to the other joint tenants by operation of law without probate. The deed should clearly state the forms of...
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Q: Is it legal for me to work until 11 PM?

1 Answer | Asked in Employment Law for Massachusetts on
Answered on Jan 16, 2018

The answer according to the Mass Attorney General and the ma.gov website is as follows:

16 and 17-year olds work hours

Only between 6 a.m. and 10 p.m. (on nights preceding a regularly scheduled school day) - if the establishment stops serving clients or customers at 10:00 p.m., the minor may be employed until 10:15 p.m.

Only between 6 a.m. and 11:30 p.m. (on nights not preceding a regularly scheduled school day).

So you can work to 11 pm on a Friday or Saturday...
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Q: Can my employer deny to pay me full PTO hours upon termination?

1 Answer | Asked in Employment Law for Massachusetts on
Answered on Jan 16, 2018

You are entitled to be paid for accrued vacation time. The law requiring the accruing of paid sick time does not require an employer to pay for accrued but unused sick time. Depending upon how the PTO is described in the Company handbook or any employment agreement, any accrued but unused PTO may not be entitled to be paid in the event of termination.
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Q: How to proceed with parents death. Any suggestions?

1 Answer | Asked in Probate for Massachusetts on
Answered on Jan 16, 2018

With regard to obtaining information about whether a Probate of estate petition was commenced, you can check the Court's docket for the county where your mother resided at the time of her death. If nothing was filed, then a Petition for Formal Probate can be filed as her death preceded the Probate Code and her spouse and children would each own half of her half under the former laws of intestacy.
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Q: If I can spend more time with my child during the school week and her father relies on others could I get custody?

1 Answer | Asked in Child Custody for Massachusetts on
Answered on Jan 16, 2018

If the child is doing well under t he current arrangement, the Court is not likely going to grant a custody Modification. However, there could be a modification of visitation so that you are more involved with taking the child to school or picking the child up from school if you are able to do so.
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Q: I married a divorcee with 4 children 7 1/2 years ago. She was recently awarded $2600 per month child support.

1 Answer | Asked in Divorce and Child Support for Massachusetts on
Answered on Jan 16, 2018

If you have no children and have not adopted her children, then there would not be a child support obligation. However, there may be alimony rights depending upon the particular facts of your situation. You should contact a divorce attorney to inform yourself of your rights.
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Q: Will my step-mom receive all of my dad’s assets & life insurance if he dies before her without a will? Can I contest?

2 Answers | Asked in Estate Planning and Probate for Massachusetts on
Answered on Jan 15, 2018

If there is no Will, your father's estate will be divided 50% to your step mother and 50% to you and your siblings. However, as I recall the first $200K goes to the spouse before the division. However, things held in a joint account will go directly to your step-mother as they are not part of the estate.
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Q: Do I have grounds to dismiss the Defendant's counterclaim? (family law)

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Answered on Jan 15, 2018

Have you answered the Counterclaim? You will want to do so as soon as possible and also move to dismiss the counterclaim for the reasons she has stated. Does she have an attorney? Failing to serve you is significant as it is a failure to give you due process and pro se litigants have to follow the procedural and substantive laws.
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Q: I get my kids every weekend. Im having car trouble and she agreed to get them only now she will not pick them up

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Answered on Jan 15, 2018

Normally the parent with visitation does pick up and drop off unless your agreement ( Divorce Judgment or other Judgment ) specified otherwise. Is there a visitation schedule in place that calls for a time when the visit is over? If you are not complying, you could be found in Contempt if mother files a Complaint. Your failure to return the child could be a basis for losing visitation . In some instances the police can be involved and you could be accused of kidnapping- watch out.
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Q: Dad died intestate, three heirs are resigned to eventual sale; one is current/long-term resident. What are his rights?

1 Answer | Asked in Probate for Massachusetts on
Answered on Jan 15, 2018

How long ago did your father die? If he died within the last 3 years post death, was a Petition for Formal or Informal probate ever filed? Is there a Personal Representative appointed by the Court? Did father have a Medicaid lien, i.e., was Mass Health Estate Recovery involved ? If the sibling residing at the home is able to purchase the property for fair market value, that is an option. You should meet with a Probate practitioner to go over the facts of this matter as there is not enough...
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Q: Am I responsible for the bill

1 Answer | Asked in Health Care Law for Massachusetts on
Answered on Jan 14, 2018

Unfortunately, from what information you gave you would be responsible for the bill.
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Q: How can I protect my inheritance from my grandmother? There's no will.

2 Answers | Asked in Estate Planning and Civil Litigation for Massachusetts on
Answered on Jan 14, 2018

If there is no will and no trust then you may not actually have any inheritance from your grandmother. If you do in fact have some claim to an inheritence as an heir of your grandmother's, then you could intervene in the probate court case for administration of the estate. You should consult with an experienced probate attorney to determine your options.
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Q: Do I need to have my will notarized?

1 Answer | Asked in Estate Planning for Massachusetts on
Answered on Jan 12, 2018

Massachusetts requires two witness signatures but it is recommended that you have the Will notarized so there can be no challenge as to whether it was you who signed it. So I would have my Will notarized which you should be able to do at your local bank branch or a local office supply store, et cetera
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Q: I settled an employer age discrimination/retaliation complaint in 2017...can I claim fees 2015-17 on my taxes

1 Answer | Asked in Employment Discrimination, Employment Law and Tax Law for Massachusetts on
Answered on Jan 12, 2018

This irs does allow you to deduct attorney fees paid to recover in a discrimination claim on line 36 of form 1040

https://www.irs.gov/publications/p525#en_US_2016_publink100041600
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Q: Can an employer take the signature page from a document that I signed and attach it to a revised policy that I didnt rea

1 Answer | Asked in Employment Law for Massachusetts on
Answered on Jan 11, 2018

No. Absent your authorization to do so, it is not a lawful act
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