Massachusetts Questions & Answers

Q: A homeless woman recently signed over ownership of her dog to me then later stole him, how do I get him back?

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Answered on Feb 20, 2017

You may consider suing for conversion of personal property; but frankly with a homeless person who wants to flout the law, an injunction may be hard to enforce. 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...
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Q: Is it Legal for Auto Repair shop to ask me only to pay cash for discount

1 Answer | Asked in Consumer Law, Legal Malpractice and Small Claims for Massachusetts on
Answered on Feb 20, 2017

There is no law against requesting payments in cash. See: http://www.mass.gov/ocabr/consumer-rights-and-resources/autos/lemon-laws/mechanics-of-auto-repair.html

If you suspect tax fraud, you can report it to the IRS. 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...
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Q: 92 yr old going into nursing home &house has to be sold to pay can children sell if no POA & no incompetency?

1 Answer | Asked in Elder Law for Massachusetts on
Answered on Feb 20, 2017

Hello, If your parent is competent then he or she can execute a power of attorney authorizing his children to conduct the home sale. However, if he or she is in a gray area of competence, then a Conservatorship should be seriously considered .
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Q: What recourse do I have if someone stole my veterans medical documents and DD214 and gave them to an attorney?

1 Answer | Asked in Family Law, Libel & Slander, Military Law and Personal Injury for Massachusetts on
Answered on Feb 19, 2017

I assume it's a domestic matter. Take it up with your attorney. He can file a motion in limine.
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Q: My dad lived n owned property in nh but the last 3 yrs of his life he lived in mass which state probates his will

2 Answers | Asked in Probate for Massachusetts on
Answered on Feb 18, 2017

You probate the estate in the state the party died. 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...
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Q: I'm an inde contractor live in MA, work for a company in NJ. Not paid in 1 year. Where to file lawsuit - in MA or NJ?

1 Answer | Asked in Employment Law and Contracts for Massachusetts on
Answered on Feb 18, 2017

If you formed the contract while you resided in MA, you may be able to sue them in MA for breach of contract, unless the contract you signed states otherwise. 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...
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Q: Can my lawyer go to court without me if I've been pulled over for a DUI?

1 Answer | Asked in DUI / DWI for Massachusetts on
Answered on Feb 16, 2017

It's always a good idea, if not often mandatory, to attend your own court hearings with a 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 Defense, Divorce &...
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Q: Born in Haiti and came to U.S. at age six.

1 Answer | Asked in Immigration Law for Massachusetts on
Answered on Feb 15, 2017

Possibly. This type of analysis can be complicated. Did you enter as a permanent resident? Or did you later become a permanent resident? Consider a consultation with an immigration attorney to properly evaluate.
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Q: Must I give half of a vehicle accident settlement to a sibling

1 Answer | Asked in Estate Planning for Massachusetts on
Answered on Feb 15, 2017

Was there a trust? Is there a probate matter filed? 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...
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Q: Estate question regarding siblings not named in a will

1 Answer | Asked in Estate Planning and Probate for Massachusetts on
Answered on Feb 15, 2017

A lawyer should review the related estate documents. The estate might be challenged in Probate Court. See: http://www.mass.gov/courts/court-info/trial-court/pfc/

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...
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Q: Is it possible to remove traffic violations off public driving record?Some as recent as 2016 others as far back as 2001

1 Answer | Asked in Traffic Tickets for Massachusetts on
Answered on Feb 15, 2017

Your Massachusetts traffic violation record is not something that is edited or deleted at a certain point, but your insurance coverage may have an agreement with you where they elect to not penalize you for traffic violations after a certain period of time. See: http://www.mass.gov/courts/docs/lawlib/210-219cmr/211cmr134.pdf

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...
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Q: My ex and her mother are lieing to landreds provinting me from having a roof over my head this is making it difficult.

2 Answers | Asked in Libel & Slander for Massachusetts on
Answered on Feb 13, 2017

You can access self-help resources for filing for child custody/ visitation at your local law library or online at the NY Courts website. You may seek a homeless shelter's help or a shelter for abused women, if applicable. You can report child abuse to child welfare services for investigation. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any...
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Q: 3rd party advises landlord of intent to use all avail parking. Despite this knowledge landlord rents to me. Legal?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Massachusetts on
Answered on Feb 13, 2017

What does your lease say about parking? 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...
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Q: My probation is up 2/17/17 if I don't receive anything by then should I consider myself off of probation

1 Answer | Asked in Criminal Law for Massachusetts on
Answered on Feb 13, 2017

What does the related court order and probation order say? 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...
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Q: Can an employer ask a employee for there court records? Also does a employer have to pay an employee on admin leave?

1 Answer | Asked in Employment Discrimination and Employment Law for Massachusetts on
Answered on Feb 12, 2017

Court records are typically public documents. What is the basis of the administrative leave? If it's based on employee violations, then I see no reason for pay during that period. 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...
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Q: I believe I'm being discriminated against because of my age,

1 Answer | Asked in Employment Discrimination for Massachusetts on
Answered on Feb 12, 2017

See: https://labor.ny.gov/equal-opportunity/how-to-file-a-discrimination-claim.shtm

And See: http://www.nycbar.org/get-legal-help/article/employment-and-labor/age-discrimination/

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,...
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Q: What does it mean to be an at will employee?

1 Answer | Asked in Employment Discrimination for Massachusetts on
Answered on Feb 12, 2017

It means you have no contractual employment term and can be fired without cause. 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...
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Q: I have custody of my great niece and nephew from the state of NC can I give custody to their grandmother in MA

2 Answers | Asked in Child Custody for Massachusetts on
Answered on Feb 12, 2017

Only courts can grant custody of a child. A case requesting such an order should be filed in NC. You should contact a NC lawyer re: this matter. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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Q: Chances of a father gaining custody? Never married.

1 Answer | Asked in Child Custody for Massachusetts on
Answered on Feb 12, 2017

Child custody determinations focus on the "best interests of the child" standard.

See: http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-subj/about/custody.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...
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Q: Are conversations between a husband & wife when they're still married off-limits for the purposes of a custody hearing?

2 Answers | Asked in Divorce for Massachusetts on
Answered on Feb 10, 2017

I see no legal basis for such restrictions. 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...
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