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Massachusetts Questions & Answers
1 Answer | Asked in Products Liability and Business Law for Massachusetts on
Q: Hello,Can a seller legally cancel a purchase from a buyer if no product or payment has been accepted?

Four months ago I received a purchase order from my buyer for a product I provide. The product I would sell will not be due until six weeks from now. Recently, one of my employees who runs that part had major surgery and is not expected to return for several months. I have a small three man shop... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 6, 2021

If there was no payment it was an undertaking that you would perform it. Factors not in your contemplation prohibited that. That being said, speak with a business consultant about selling what sounds like a going business.

All the best!

1 Answer | Asked in Traffic Tickets for Massachusetts on
Q: Where can I find a traffic lawyer that will not charge me an arm and a leg to help me?

I have just received a letter stating that I have to appear in court for driving with a suspended license( which I did not know was suspended) I was stopped by an officer he took my license and he was the one to inform me that my license was suspended; and I informed him that I was unaware of it. I... Read more »

Lissa McKinney
Lissa McKinney answered on Mar 6, 2021

Typically the RMV sends the suspension notice to the license address on file. If you moved and failed to change the address, that is why you may not have been notified. Three (3) speeding tix in 2 years or any 5 moving offenses result in suspension. If you are lucky you are getting a Notice for... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: how do I get a case dismissed ?

I just received a letter yesterday for driving with suspended license ( which I didn't know was suspended ) because I had not received any notification stating that my license was suspended. I was stopped the officer October 2020 he took my license and he was the one that informed me of it... Read more »

Joseph B. Simons
Joseph B. Simons answered on Mar 6, 2021

If you’re able to reinstate your license and retain an attorney before going to court, you may be able to get the case dismissed fairly quickly. It may even be possible to get the case dismissed prior to arraignment, meaning that the charge would not appear on your record.

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: My rights with animal control massachusetts

A friend was watching my dog while I was at work and walked into the store and tied him up outside and left accidentally without the dog returned a couple of hours later dog being held at store until animal control arrives owner went to store with updated license and vaccinations

Kim Carnevale
Kim Carnevale answered on Mar 5, 2021

Animal control should release the dog to you once you provide proof of ownership - dog license, photos, whatever you have - provided the officer believes that someone else, not you, left you dog tied for hours and that you did not neglect or abuse your dog. You should be aware that animal control... Read more »

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: If someone's been watching my dog while I look for a new place, old one sold. Can they try and keep my dog

Long story short my apt building sold and with pandemic now and everything it's been hard finding a place. One that expects pets and I can afford. But now the person who has been watching my dog is trying to steal them from me because they have grown attached and wanted their own dog now. Can... Read more »

Kim Carnevale
Kim Carnevale answered on Mar 5, 2021

You should ask for your dog back and find someone else if you still do not have a place. If this person refuses, you should not wait to take legal action. Dogs and other companion animals are still considered property in Massachusetts, so the person will have to return your dog to you unless the... Read more »

1 Answer | Asked in Trademark for Massachusetts on
Q: Hi I want to use the Trademark Wear the Word its showing dead or abandoned since 2017 can i use this name
Kathryn Perales
Kathryn Perales answered on Mar 5, 2021

It's possible that you could snap up this trademark. You'll have a better chance if your description of goods or services is different from that of the previous trademark. Also check to see what similar marks are registered, such as "Wear your words," which might prevent you... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Massachusetts on
Q: How can I prove abandonment of child and terminate rights of biological father? He's been gone over 4 years.

My now husband wants to adopt. Bio Father has been in and out of jail over last 10 years for years at a time. Never paid child support.. We live in Massachusetts.

Lillian J. LaRosa
Lillian J. LaRosa answered on Mar 4, 2021

I take it you have already explored whether he would voluntarily consent to adoption by stepfather? This is the easiest method to proceed. Otherwise there would need to be either a default on a petition or a trial establishing unfitness of bio father with an adjudication.

1 Answer | Asked in Bankruptcy for Massachusetts on
Q: Is it considered a gift when filing for Chapter 7 bankruptcy and helped family pay for housing within the last 2 years

My family member is mentally ill, and I am also his representative payee. I have provided financial assistance for lodging totaling approximately 10k in smaller amounts over the course of 2 years. The money I had provided went toward keeping him from homelessness. Does this still fall under the... Read more »

Timothy Denison
Timothy Denison answered on Mar 2, 2021

Yes. You still need to disclose this under property held for others question. All of it should be disclosed as a matter of course although it should not have any negative effect on your bankruptcy.

1 Answer | Asked in Family Law for Massachusetts on
Q: I want to get to visit mY son. And i wanted to know how i could get the ball rolling. What would i have to do ?

Is there a way i can do this or get visits quick and not have to get a lawyer? Or a lawyer is necessary

Brian Waller
Brian Waller answered on Mar 1, 2021

There is nothing in Probate and Family Court that you absolutely need an attorney for, many people represent themselves. In your situation, you may want to speak with an attorney or even DCF (depending on why there are no visits currently) to understand what you can do to get you closer to having... Read more »

1 Answer | Asked in Divorce, Child Support, Employment Discrimination and Probate for Massachusetts on
Q: How to go forward with a judge that works with my husband for 20 years ruled against me and my husband told me he would
Lillian J. LaRosa
Lillian J. LaRosa answered on Mar 1, 2021

Are you pro se? Did you tell your attorney this ? A Motion to Recuse is the usual method of proceeding when there is an association between either party and the Judge or an appearance of conflict even it is a good idea for the Judge to recuse.

1 Answer | Asked in Divorce and Child Support for Massachusetts on
Q: I want a divorce. I live in Massachusetts, My husband left to PR and thought I would follow, but I said no. How to file?

We own a house in PR. I have my youngest son (16) living w/me at my sister’s. I had to abandon my apartment. I can’t afford rent on my own. Can I file in MA vs PR. He left in Oct 2020.

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 26, 2021

It sounds like you were both living in Massachusetts until October 2020 when husband left, so yes and Massachusetts has jurisdiction over the child who lives here and has lived here for 6 months or more.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Can I get married to my boyfriend despite us not living together? I am a permanent resident. We are college students.

We are going to different colleges in different states and will probably be doing long-distance for a while. Will this marriage be legitimate in Massachusetts? He is not American. If possible, I want him to live with me in America permanently.

Hector E. Quiroga
Hector E. Quiroga answered on Feb 25, 2021

Yes. You will have to show evidence of good faith marriage as well as an explanation as to why you are currently living apart.

1 Answer | Asked in Divorce, Family Law and Child Custody for Massachusetts on
Q: Can a joint custodial parent veto a particular child therapist?

I share joint 50/50 legal custody of my 5 yr old child w my ex. Our agreement was filed w the court in 2017. My ex would like a therapist (who has not yet met our child but has shown bias against me as a non-birth mom) to start seeing our child every other week for therapy. Our current child... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 24, 2021

You should request a therapist referral from the provider who is leaving for a successor therapist. Both parents should have input for the new provider. If the other parent refuses and there is a proceeding pending or if there is not a proceeding one would need to be brought- for Modification... Read more »

1 Answer | Asked in Tax Law for Massachusetts on
Q: What should someone do who owes taxes from 2019 but has no income and is on state funded health plan?

My sister-in law owes taxes from 2019. She is currently on MassHealth (since 2020) and in a nursing home where all her income goes too. She is also dying of stage 4 cancer and is only expected to last another month or two. She has no income to pay the taxes. She has no assets, husband, or children.... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Feb 24, 2021

If your sister does not have any assets then there is nothing for the IRS to get. She should be eligible to be marked currently not collectible. Contact your local taxpayer advocate and ask for help. Here is the link to find your local taxpayer advocate... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Massachusetts on
Q: I work in a assisted living cna, with 2 floors and memory care is the floor no one see's when they come in the entrance.

Upstairs have they have food servers totally different job description, down stairs they force the cna's to do it, but cna's upstairs do not. They have activities up and down stairs when they go home, they are now trying to add that to do when they go home, when upstairs cna's do not... Read more »

Carrie Dyer
Carrie Dyer answered on Feb 24, 2021

Unless you have an employment contract dictating otherwise, your employer can generally add to or change your job duties at any time for any reason, as long as it not for an unlawful reason. What you are describing sounds unfair, but it is not unlawful. However, your employer must pay you for all... Read more »

1 Answer | Asked in Child Custody, Child Support and Public Benefits for Massachusetts on
Q: Can she apply for child support in a state she’s lived for 2 months?

Me & and the mother of my child are from MA. I’ve been in Florida for 4 years. She kept my child from me for 2 years, with false restraining orders etc (which I don’t know how that’s legal). She decided to get on good terms with me when her false accusations expired. She moved down here... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 24, 2021

It sounds like Massachusetts has a lot of contacts with the parties and the child for child support orders, although if the child was only back in Massachusetts for 2 months custodial non-monetary issues would be appropriate in Florida as the home state. Was there a paternity or Custody and Support... Read more »

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: Have two family members refusing to sell a property and leaving spouse without money. What can we do?

I know that in the state of MA the spouse is to get everything but this has gone on long enough and we need help asap

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 19, 2021

If real estate is held in common, a petition to partition is needed. In divorce there is property division and this is a distinction. In a divorce all assets regardless of how held are considered marital property to be divided and not the sole property of a spouse until or unless the Court so... Read more »

1 Answer | Asked in Estate Planning and Probate for Massachusetts on
Q: Realty Trust and/or Family Trust?

My wife and I have 1 single home jointly owned, and a 2-unit rental in my name only (had it since before marriage). We agreed, since we have no kids, after we’re gone, our inheritance goes to my nephews and niece. Wills have been drawn up, if I go first she gets all, the same if she goes first... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 19, 2021

This is a very common concern and there are definitely ways to solve this problem, but this is not a do-it-yourself project. You should hire an estate planning attorney to help you with this. The attorney will explain to you the pros and cons of the various solutions.

1 Answer | Asked in Civil Rights, Elder Law, Land Use & Zoning and Municipal Law for Massachusetts on
Q: What can I do? My bad neighbor dumped junks (big old larger snow plow and more) to my property 4 days ago.

It is impossible to sell my house with all the heavy junks they dumped into my property. I need to sell my house.

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 17, 2021

Also sounds like a real estate trespass case.

1 Answer | Asked in Divorce and Tax Law for Massachusetts on
Q: Do I have to claim as income a cash settlement that is part of the divorce agreement?

The money is from half the equity from the sale of our house. My spouse was required to sell within 5 years. I let her live there until she retired, but it has been 15 years since the divorce. I also signed the deed over to her a few years ago. She died last year, and our children now own the... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 17, 2021

This is really a taxation question. Waiting and not filing a Modification Agreement to change the sale date may be problematic for enforcement purposes as well. The creditor claim period is one year from the date of death also.

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