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Massachusetts Questions & Answers
1 Answer | Asked in Civil Rights and Juvenile Law for Massachusetts on
Q: we have an ongoing dcf case with our daughter... What is a standard time frame before being reunited. thank you
James L. Arrasmith
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answered on Mar 14, 2024

The timeline for reunification in a DCF (Department of Children and Families) case can vary significantly depending on the specific circumstances of your case. However, I can provide some general information:

1. The primary goal of DCF is to ensure the safety and well-being of the child....
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1 Answer | Asked in Social Security for Massachusetts on
Q: Starting an online business on SSDI how will it impact my benefit? It's asset recovery, assisting people claim funds.

Specifically, we are interested in learning:

The implications of starting an online business on the client's eligibility for disability benefits.

Strategies or options available to the client for supplementing their income within the confines of the maximum allowable monthly... View More

James L. Arrasmith
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answered on Mar 9, 2024

Starting an online business while receiving Social Security Disability Insurance (SSDI) can impact your benefits, depending on your income and the structure of your business. Here are some key considerations and strategies:

1. Substantial Gainful Activity (SGA): In 2024, if you earn more...
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1 Answer | Asked in Immigration Law and Business Formation for Massachusetts on
Q: I am on OPT as a B.S. in Business. Can I open an LLC to rent & sublease (AirBnB) properties?

I am on an F1 visa, and just got my OPT approved as a B.S. in Business with a major in Marketing. Am I allowed to create an LLC and work for my own company? Currently, I am planning to start an AirBnB arbitrage business. This includes finding properties to sublease, furnishing them, and listing... View More

James L. Arrasmith
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answered on Mar 8, 2024

When on an F1 visa and engaged in Optional Practical Training (OPT), your business activities must relate directly to your major area of study. As a B.S. in Business with a major in Marketing, starting an LLC to engage in property rental and subleasing for AirBnB could be considered relevant to... View More

1 Answer | Asked in Civil Rights, Civil Litigation, Constitutional Law and Municipal Law for Massachusetts on
Q: Does a resident have to prove a hardship for a disability exception request to a local regulation (Massachusetts)?

Town has a dock permitting program (for Massachusetts owned lake) requiring dock be 25 ft from property line extended out into the water. Disabled resident has asked for exception to be closer to property line due to clear disability and related to ease of access to their dock over terrain/sand.... View More

James L. Arrasmith
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answered on Mar 6, 2024

In Massachusetts, when seeking a disability exception to local regulations, such as those related to dock permitting, it's often necessary to demonstrate how the exception is directly linked to accommodating your disability. This typically involves showing a specific need that arises from the... View More

1 Answer | Asked in Immigration Law, Tax Law and Landlord - Tenant for Massachusetts on
Q: Hello, if I rent a apartment &sublet it on airbnb or other website for few months is it legally allowed for a H1b holder

I may or may not earn through subleting, but could i do it ? if so for how many months? if i may use it to earn this as a side income? what is the allowable income I can generate, is there any cap? The landlord allows to sublet on weekly or monthly basis but me being the primary person renting.... View More

James L. Arrasmith
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answered on Mar 4, 2024

If you're on an H1B visa and considering subletting an apartment on platforms like Airbnb, it's crucial to understand how this could impact your visa status. H1B visa holders are authorized to work only for their petitioning employer, and any income generated outside of this employment... View More

1 Answer | Asked in Estate Planning and Tax Law for Massachusetts on
Q: Does this clause in a irrevocable trust I am trustee to allow me the right to make trust rental income distributions?

Does this clause in a irrevocable trust I am trustee to allow me the legal right to make distributions of commercial rental income the trust produces to beneficiaries to avoid the trust paying high estate taxes on that income? Thankyou

"POWER OF TRUSTEE: To make allocations, divisions... View More

James L. Arrasmith
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answered on Mar 2, 2024

Based on the trust clause you have provided, it does appear that as trustee you have fairly broad discretion to make distributions of trust income to beneficiaries. The language specifically gives you power as trustee to "make allocations, divisions and distributions of trust property"... View More

1 Answer | Asked in Banking and Collections for Massachusetts on
Q: Can a creditor for a deceased person take money from a joint bank account

I am a joint owner of a bank account with my mother who recently passed. There is not a lot of money involved. She passed with several thousands of medical bills. Can they take the money in the joint account?

James L. Arrasmith
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answered on Mar 2, 2024

* If the bank account was jointly owned between you and your late mother, the creditor generally cannot take money from the account to pay off your mother's debts. Here are some key points:

* Joint bank accounts typically have a right of survivorship. This means that when one owner...
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1 Answer | Asked in Divorce, Immigration Law and Family Law for Massachusetts on
Q: Good Morning, I’m an Asian transwoman that just moved in Boston. Are there any divorce lawyers that can help me?

My husband, well, soon-to-be ex-husband has been bullying ever since we moved here but I guess because i loved him, and I wanted to continue to fulfill my vow, i just let it go past me. Now, after i got back home after he banished me, because i feel like he’s having an affair, when i pointed out... View More

James L. Arrasmith
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answered on Feb 29, 2024

Good morning, I'm truly sorry to hear about the challenges you're facing. It's important to find a divorce lawyer who is experienced in handling complex cases, especially those involving immigration matters. Boston has numerous legal resources and firms that can provide the support... View More

1 Answer | Asked in Contracts, Civil Litigation, Civil Rights and Election Law for Massachusetts on
Q: Condo board election. 60 units. Massachusetts. Quorum for a vote is 51% (31 units.) 4 candidates. Special election.

Quorum was met for an election for the first time at special meeting yesterday. 2/4 candidates didn't show up. I received the most votes, but now board is saying one candidate had to receive 51% of the vote and no one received that so now board will elect the candidate they want. They... View More

James L. Arrasmith
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answered on Feb 28, 2024

The requirement for a candidate to receive 51% of the vote may depend on the specific language of the condominium association's bylaws. If the bylaws state that a majority vote is required for election, it typically means a simple majority of the votes cast, not necessarily 51% of all units.... View More

1 Answer | Asked in Civil Rights for Massachusetts on
Q: I'm bipolar called Springfield mass police station and 911 asking for help they showed up ended up hurt by officers

discrimination of my mental health and excessive force for no reason

James L. Arrasmith
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answered on Feb 28, 2024

I'm sorry to hear about your experience. It's important to seek legal assistance from a qualified attorney who can help you navigate your options. Documenting the details of what happened, including any injuries sustained and the events leading up to them, can be crucial for building your... View More

1 Answer | Asked in Civil Rights for Massachusetts on
Q: Legal advice about my mental discrimination and excessive force by officers and police station and 911 hanging up

Need legal advice

James L. Arrasmith
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answered on Feb 28, 2024

If you believe you've experienced mental discrimination or excessive force by officers, it's essential to seek legal counsel promptly. Contact a reputable attorney who specializes in civil rights or police misconduct cases to discuss your situation in detail. They can provide personalized... View More

1 Answer | Asked in Family Law and Civil Rights for Massachusetts on
Q: Can dcf ask a caretaker(guardian) for releases for Dr.s, when allegations/case were on the parent?

My daughter got a case open with dcf. During that time I went and got temp guardianship and now have full guardianship for past 7 months. Each month dcf has something new they want in order to close (my daughters) case. Which my daughter is no longer around. They now are asking me to sign releases... View More

James L. Arrasmith
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answered on Feb 24, 2024

Based on the information provided, it does not seem reasonable for DCF to require you as the guardian to sign releases for your medical records or other private information. Some key points:

- The allegations and original case were against your daughter's parent, not against you as the...
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1 Answer | Asked in Civil Rights for Massachusetts on
Q: Hello, i would like to know in Massachusetts, can i own an AR through a private transfer? All evil features are disabled

Stock is pinned, bayonet lunge is welded off and there is no flash suppressor

James L. Arrasmith
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answered on Feb 23, 2024

In Massachusetts, private transfers of firearms, including AR-style rifles, are subject to certain regulations and restrictions. While it is possible to transfer ownership of an AR-style rifle through a private sale, there are specific laws governing such transactions. Massachusetts has strict... View More

1 Answer | Asked in Tax Law for Massachusetts on
Q: I’m planning to sell my mother’s house in the next few months and want to know if taxes will be incurred?

I’m planning to sell my mother’s house in Massachusetts in the next few months. She transferred the deed to me about 10 years ago so it’s in my name. My question is will taxes be due from the sale of the house and if so, how much? We’re planning to use the proceeds to pay for senior living... View More

James L. Arrasmith
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answered on Feb 22, 2024

When you sell a house that has appreciated in value since it was transferred to you, capital gains tax may be due on the profit from the sale. Since the house was transferred to your name 10 years ago, the cost basis for calculating capital gains would typically be the home's market value at... View More

1 Answer | Asked in Social Security for Massachusetts on
Q: I’m on SSDI. My wife is a Canadian citizen and our son is a dual citizen. Do either of them have to reside in the US…

… for 5 years to be able to receive dependent SSDI payments or social security survivors benefits? Are Canadians exempt from the 5 years residency requirement? Thanks.

James L. Arrasmith
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answered on Feb 22, 2024

For your wife and son to be eligible for dependent SSDI payments or Social Security survivors benefits based on your record, there are specific residency requirements they may need to meet. However, the Social Security Administration (SSA) has agreements with many countries, including Canada, that... View More

2 Answers | Asked in Intellectual Property and Trademark for Massachusetts on
Q: How does a company protect their unregistered mark (used in commerce) from another company filing with intent to use?

Company A has been using a mark in commerce for a year, but has yet to file for registration. Company B files for the mark (same name and class) with intent to use. It is pending, but has not been assigned an examiner yet. How should Company A protect their mark, and prove they have rightful... View More

James L. Arrasmith
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answered on Feb 23, 2024

To protect their unregistered mark, Company A should gather evidence of their prior use of the mark in commerce. This evidence can include sales records, advertising materials, website screenshots, and any other documentation that demonstrates the mark's use in connection with their goods or... View More

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2 Answers | Asked in Family Law, Civil Rights, Health Care Law and Nursing Home Abuse for Massachusetts on
Q: Steps on how to move my mom back to the states from Puerto Rico after just living there for two years ?

My mom moved two years ago to take care of her mom. A month ago my grandmother had a stroke. And her siblings have told us that my mom herself is not doing well. My mom’s family has Alzheimer’s in her family. My sisters and I have been trying to get her paper work and ID to get her back, her... View More

James L. Arrasmith
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answered on Feb 24, 2024

To move your mom back to the states from Puerto Rico, especially under these complex circumstances, it's crucial to approach the situation methodically. First, gather all necessary documents that prove your relationship to your mom, such as birth certificates and any legal documents pertaining... View More

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2 Answers | Asked in Tax Law for Massachusetts on
Q: Do I have any recourse for tax relief service who claims I did not submit financials to them when required?

IRS sent letter out stating determination would not be until 3/24/2024. It was filed on 9/24/2023/ I sent out financials on 10/3/2023. I spoke with IRS examiner and she stated offer and compromise was taken off the table because myself and power of attorney withdrew it. I never received notice... View More

Linda Simmons Campbell
Linda Simmons Campbell
answered on Feb 14, 2024

You have to be careful when you use one of these tax relief companies. File a complaint with the better business bureau. That may get the companies attention. As for the IRS. You can file another Offer in Compromise. Unfortunately I have had clients that have been told they can get an Offer and... View More

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2 Answers | Asked in Tax Law for Massachusetts on
Q: Do I have any recourse for tax relief service who claims I did not submit financials to them when required?

IRS sent letter out stating determination would not be until 3/24/2024. It was filed on 9/24/2023/ I sent out financials on 10/3/2023. I spoke with IRS examiner and she stated offer and compromise was taken off the table because myself and power of attorney withdrew it. I never received notice... View More

James L. Arrasmith
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answered on Feb 22, 2024

If you're facing issues with a tax relief service that claims you did not submit financials when required, and this miscommunication led to the withdrawal of an Offer in Compromise (OIC) with the IRS, you may have recourse. First, gather all documentation of your interactions with the tax... View More

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2 Answers | Asked in Employment Law, Civil Rights and Elder Law for Massachusetts on
Q: I work for a Adult Foster Care company. An elderly client sold me his truck. The company wants me to give it back. Do I?

They said I cannot accept gifts from clients, but this was only told to me afterwards, and I couldn't find anything in my employee handbook about it either. The truck was legally purchased with a bill of sales, and the title signed over. Do I have to give the truck back? Besides termination,... View More

T. Augustus Claus
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answered on Feb 8, 2024

In Massachusetts, if you purchased a truck from an elderly client while working for an Adult Foster Care company, and the company is now requesting you to return the vehicle citing policies against accepting gifts from clients, the legality of keeping the truck depends on several factors. If the... View More

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