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Massachusetts Questions & Answers
1 Answer | Asked in Probate for Massachusetts on
Q: If a family member is a will's executor, how soon do they have to execute it? It's been 7 yrs. Do I have any recourse?

The executor is sitting on (holding) all the non-monetary assets of the will, even actively preventing access to the inherited home and property by holding all of the keys. She is also the primary heir.

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 25, 2023

Is this decedent a Massachusetts resident? If so and the Will has not been probated, then those who have priority on the intestacy ladder as the presumption is now that there is no Will unless somehow there is a photocopy of the executed Will which since the named Executor ( Personal... Read more »

1 Answer | Asked in Traffic Tickets for Massachusetts on
Q: I received a speeding ticket and I accidentally paid it not knowing you could appeal, I still got a court date though.

I thought you couldn’t appeal the ticket but I still got a court date.

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

Usually what has happened to you is that the money you paid is considered posting bail until you enter a plea of guilty or not guilty. In Law, an "Appeal" is a special term that means taking a case to a higher court after you have a judgment rendered against you. If you didn't... Read more »

1 Answer | Asked in Banking and Civil Litigation for Massachusetts on
Q: Plaintiff has attorney attach writ of attachment for $25k & it’s recorded at registry of deeds is that total owed?

Judge said case we responsible above 20k but set to 25k writ of attachment of home

Is that all that will come from this civil lawsuit case

William J. Amann
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answered on May 24, 2023

The short answer is no. In addition to a real estate attachment, which the plaintiff will soon record, there should have been an accompanying Complaint. You will have to Answer that and defend the case or resolve/settle it. Hopefully, your total exposure is no greater than $25,000 but depending... Read more »

2 Answers | Asked in Immigration Law for Massachusetts on
Q: what are the requirements to sponsor my wife, for her eventual citizenship? is is different for her children?

what are the sponsors financial requirements, is there another option besides tax returns to provide income documentation?

Giselle M. Rodriguez
Giselle M. Rodriguez
answered on May 23, 2023

Thanks for your question!

The requirements to sponsor your wife vary depending on whether you are looking at completing the adjustment of status process or the consular processing routes.

Other financial documentation includes paystubs, W-2’s or 1099’s (If applicable); Employer...
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1 Answer | Asked in Workers' Compensation for Massachusetts on
Q: In massachusetts workman's compensation cases , how vital is collection of medical records?

What role does the independent doctor have as far as determining liability?

Thank you

Michael Levin
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Michael Levin
answered on May 23, 2023

Medical records are EVERYTHING in a workers' comp case! They provide nearly all the confirmation that an event occurred that caused an injury, the proposed course of treatment, and the expected outcome of that treatment. With that information, both the Dept. of Industrial Accidents (the... Read more »

1 Answer | Asked in Civil Litigation for Massachusetts on
Q: If I'm represented by an attorney at a firm, can all his colleagues assist in the case without filing notice to appear

Are all attorneys assisting with a civil matter required to file a notice of appearance?

William J. Amann
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answered on May 23, 2023

Yes. The attorneys who file an appearance are the lawyers of record with the court on your behalf. That doesn't mean other lawyers in the firm cannot assist, behind the scenes, on a case. I think it's a matter of degree and what they are doing. Conducting legal research or drafting... Read more »

1 Answer | Asked in Contracts, Business Law and Civil Litigation for Massachusetts on
Q: Can a buyer dispute a nonrefundable deposit on an online contract for mentorship if the contract had already been signed

Do contract cancellation forms apply to online nonrefundable services? If the buyer had attempted to resolve the issue with the service provider to no avail within one day of purchasing it, do they still have the right to dispute the charges and are viable for refund? Is there at all any way within... Read more »

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answered on May 20, 2023

In Massachusetts, there are a myriad of regulations which can pertain to specific types of contracts and cancellations. For example, Uniform Commercial Code governed contracts would likely fall under the definitions of "contract", "contract for sale" and... Read more »

1 Answer | Asked in Federal Crimes, Family Law, Child Custody and Civil Rights for Massachusetts on
Q: Can a judge order a hair follicle test on hearsay? No drug history or evidence. Just hear say from other parent?

My child's father believes that I am using drugs. The reason is because he heard a recording of my current partner and i arguing. That he obtained from a 3rd party, illegally. Also, my partner didn't know he was being recorded. In the audio it uses a slang word for a drug, but that word... Read more »

Brian Waller
Brian Waller
answered on Apr 30, 2023

The judge can basically order anything that they deem to be in the best interests of the child. If there is a reason for them to be concerned about drug use, they can order a drug test. It doesn't really matter how they came to making that order, unfortunately. You could choose to appeal it,... Read more »

1 Answer | Asked in Estate Planning, Landlord - Tenant and Small Claims for Massachusetts on
Q: Can I sell or cash out on a willed estate?

My grandfather passed and his wife hates me. She's made attempts to remove me from the deed since my grandfather passed.

I'm listed as a "joint tenant" on the deed. What are my options for selling or cashing out my share?

Nina Whitehurst
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Nina Whitehurst
answered on Apr 27, 2023

Theoretically you could sell your share, but as a practical matter nobody is going to want to buy your share and then have to share use and occupancy with the other co-owners. The practical solution is to either buy out the other co-owner(s) or have one or more of them buy out your share. If you... Read more »

2 Answers | Asked in Family Law, Divorce and Probate for Massachusetts on
Q: In Massachusetts is there an agreement that can be filed with the courts for the termination of a domestic relationship?

My domestic partner is looking to end the relationship. We currently own a house together and share bank accounts for the past 3 years. In speaking with the mortgage company I would need a court document stating we are separating and agreeing that I would keep the house for her to be released from... Read more »

Brian Waller
Brian Waller
answered on Apr 24, 2023

You could file a Petition to Partition in the Probate and Family Court. I have never seen one filed jointly, but I don't see why you couldn't do that, or you could file it as contested then file an agreement for judgment. I believe that could also be filed in Land Court, I am pretty sure... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Massachusetts on
Q: Lived in parents house for 10yrs after parent passed away; Executor; sold for 150K; how much should I give sibling

97K mortgage was paid from 150K; utility, and home maintenance fees.

Mass probate

John Michael Frick
John Michael Frick
answered on Apr 22, 2023

From your question, I assume you and one sibling inherited the home, that you continued living in the home for ten years while your sibling did not, that you are the only one who made the payments mentioned, and that you have been an adult for the full ten years.

Determine the fair rental...
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5 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Massachusetts on
Q: I have an idea that I would like to check if it is already patented. How do I find out? Do I have to pay anyways?

This idea is an innovation in building automation systems and isn’t necessarily just a MA patent, but I am not sure how this process works.

Kevin E. Flynn
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Kevin E. Flynn
answered on Apr 18, 2023

You can pay an patent attorney or patent agent to perform a patentability search. Often they will tee up the search scope and outsource the search to professional searchers with lower hourly rates.

NOTE -- even after a search, your idea may not be patentable as someone may have filed a...
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5 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Massachusetts on
Q: I have an idea that I would like to check if it is already patented. How do I find out? Do I have to pay anyways?

This idea is an innovation in building automation systems and isn’t necessarily just a MA patent, but I am not sure how this process works.

James L. Arrasmith
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answered on May 2, 2023

To find out if your idea is already patented, you can conduct a patent search. You can start by using the United States Patent and Trademark Office's (USPTO) patent search tool, which is free to use. This tool will allow you to search for existing patents by keyword, inventor name, patent... Read more »

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1 Answer | Asked in Consumer Law and Foreclosure for Massachusetts on
Q: We stopped paying our mortgage when the servicing company messed up. That was 2011, has staute of limitations run out on

It doesn't show on credit report and they want to auction house now after 12 years. Don't care about the house but don't want to have to file bankruptcy 12 years after the fact. We haven't lived there for 12 years.

Christopher Tolley
Christopher Tolley
answered on Apr 17, 2023

The statute of limitations for a suit on a promissory note in Massachusetts is six years from the date of breach and the limitations period can be extended by part payment. If you stopped paying more than six years ago and did not subsequently make partial payments, and there was nothing that would... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Massachusetts on
Q: How do I get a redemption for a real estate tax taking in Massachusetts?

My local tax collectors office filed a tax taking back in 2008 for outstanding real estate taxes due on an investment property? The delinquent taxes were paid by my mortgage servicer from my escrow account.

A recent title search shows the 2008 tax taking lien recorded, but a redemption or... Read more »

Christopher Tolley
Christopher Tolley
answered on Apr 12, 2023

If the tax title amount has been paid, the town is required to issue a redemption. The town is permitted, but not required , to request the recording fee for recording the certificate as a condition of providing the certificate, and then must record the certificate. I believe the recording fee for... Read more »

1 Answer | Asked in Municipal Law and Small Claims for Massachusetts on
Q: What are the laws around visitor parking in communities?

My car got towed from visitor parking spot in the “The Chase at Overlook Ridge” in Revere, MA. The spot had a sign stating “Visitor Parking - unauthorized vehicles will be towed at owners expense”. When I went to take my car from the towing company, they said the building management hs a... Read more »

Christopher Tolley
Christopher Tolley
answered on Apr 10, 2023

G.L. c. 266 s. 120D covers towing from private parking lots and prohibits towing except in certain circumstances.... Read more »

1 Answer | Asked in Child Support, Family Law and Child Custody for Massachusetts on
Q: Child support in MA with out of state father.

I recently had a baby while living in MA. I filed for child support giving as much information about the father as possible. It has been a week and the application still says "submitted".

The father moved out of state and won't supply me his new address so I could only... Read more »

Brian Waller
Brian Waller
answered on Apr 4, 2023

It could take anywhere from several weeks to several months. You could call DOR-CSE and ask them about the status if you haven't heard anything in a few more days.

DOR will work with the child support agency in his state to collect the payments once the MA court issues an order for...
Read more »

2 Answers | Asked in Copyright, Trademark and Intellectual Property for Massachusetts on
Q: Can I register as a part of my logo and brand name, the city name where I am located? For example, XYZ Shoes, Boston?
James L. Arrasmith
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answered on Apr 2, 2023

Yes, it is generally possible to register a brand name and logo with the name of the city where you are located. However, there may be limitations or restrictions depending on the specific city and any trademark or naming regulations it may have. It is recommended to consult with a trademark... Read more »

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Massachusetts on
Q: What are steps to take with my mother's estate when she passes away with no will.

My mother and I live in Massachusetts. I have an older brother who lives in NY. My mother is 75 with failing health. My mother owns a house in NY and a house in MA. She has a couple of retirement accounts and has savings and checking accounts. She refuses to get a will. I have asked her to do this... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 31, 2023

Your mother appears to reside in Massachusetts and assuming that is the case she would be intestate and depending upon her marital status and whether you and your brother are the only children she has, you and brother have equal ability to file a Petition for Probate of her estate upon her death.... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: Will a Massachusetts judge grant a motion for video chat visits twice a week for 15 minutes with a 1 year old child?

I live in MA & currently have temporary sole legal and physical custody of our child. My ex lives out of state in Maryland and will soon start court ordered parenting time every other weekend for 6 hours. He frequently disappears for weeks to months at a time without any contact. He has also... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 30, 2023

The Court could enter a version of the requested order , but you should assert the difficulty involved in having the child participate for the full length of the call . Of greater concern at this point is the lack of consistency by father "disappearing for weeks or months" . Is there also... Read more »

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