Massachusetts Q&A by Practice Area
Massachusetts Questions & Answers
Q: Unmarried parents, not living together- daughter is 1 month old and I am filing for custody and visitation in MA
Mother wants to take her out of state for 2-3 weeks which means I won’t be able to see my daughter. How do I prevent this? We do not yet have any court orders.
If paternity has not been formally acknowledged already you can commence a Paternity proceeding and seek temporary orders that the child not be removed from the Commonwealth of Mass until adjudication of same. If paternity was already established then a Custody and Support proceeding would need to... Read more »
Q: After receiving money from a house sale do i have to pay taxes on it in april or can i gift it to my wife?
My grandparents house was sold and it will be split 5 ways. After taxes and fees ill receive 42,800, will i have to pay taxes at the end of the year for it or can i gift it to my wife or use most of it as a down payment for my first house ?
If i do have to pay taxes how do i figure out... Read more »
The answer to your questions requires more time and expertise than an online forum like this can provide. You really need to consult with a tax professional like a CPA on this. It will be well worth the money you spend in fees to them.
Q: advice on how to offer an idea to a company and not lose the idea to them - how do I protect myself please?
I have an idea for a product, a company has the technology for this product and it compliments what they are doing. How do I present this and not lose my idea?
It sounds like it would be helpful for you to speak with a patent attorney. You could additionally post your question in the Patents (Intellectual Property) section. It would have a better chance of being seen there by attorneys who practice in that area.
Tim Akpinar
Q: I'm divorced, but still have my ex on my insurance. I'm getting re-married. Do I have to still pay for my ex's insurance
This is the statement in my divorce decree. "If husband elects to place a domestic partner on his insurance, any increased cost will not qualify as an additional cost for the purposes of this order, and husband shall to maintain wife on the insurance policy regardless of the increased cost."
Looks like it to me from what you have quoted, but there could well be other provisions or clauses and you should really review this with your divorce attorney .
Q: I am being asked to make deposition by former employer due to wrongful death suit, what are my rights?
I worked as assistant manager (manager on duty at time of incident) for school/residential program serving children with autism and developmental disabilities. During a shift many years ago all the children had the flu. One died. Now his family/estate are suing the school and requiring my... Read more »
If you are a witness who has relevant information on a matter before a Court of the Commonwealth and properly served with a subpoena you do need to attend and you have the right to obtain counsel to represent you in the deposition as well. This is akin to jury duty in that participation is... Read more »
Q: I moved from Massachusetts & want to file for my kids to visit me In Kansas. My ex says Massachusett doesn’t allow that
It’s been 7 years since I moved. My 18 yr old has visited multiple times. My 9 & 11 yr old are not allowed. I’ve visited 2X but have regular communication with them unless my ex gets mad.
You may file for parenting time with your two young children in the Family Court. Your wife is wrong. Your 18 year old may visit you whenever; he is an adult.
Q: I love in a 3 unit building. I live in the first floor. New tenant moved in above me and made life terrible with noise.
I have complained to management in person and in writing. To move, waiting list is two years for new unit. Neighbor bangs on the floor with a hammer i think. She stomps like an elephant. She plays music very loud. She throws foodstuff out her windows, landing on my window sills and attracting... Read more »
I am somewhat confused by what you are saying here. It sounds like you want to send a letter to the tenant. That is an option.
You have rights as a lessor in this building. The landlord is obligated, both by law and through your lease, to ensure that your right to quiet enjoyment of your... Read more »
Q: Hi! Is it possible to come to USA with a K1 visa marry a US citizen and return back to your home country for a while?
How are you going to re-enter the USA?
The K1 visa is a single entry visa. If you leave before adjusting status, you will not be able to return without either Advanced Parole or starting over with a marriage based petition. As this is a complex issue, you should contact an experienced immigration attorney for advice.
Q: Do I have any legal recourse for the filing of a Last Will and Testament for my Dads estate? Please see my explanation?
Hello...My dad in Everett, Ma passed away in October 2014...and buried on the 14th of October. My brother who lived with my dad made no effort to contact any family members. I found out via email from a friend...My brother wouldn't take my call's & refused to speak to our uncle, my dad's only... Read more »
If father died in 2014 then you would if there are assets over $25,000 involved, need to file a Late Petition to probate the Will and you should do so as soon as possible since you apparently have the original Will. Are you the first named "executor"? If so, you have priority. You should engage... Read more »
Q: What to do when a conditional green card is expired and cardholder has been outside the US for more than one year?
My daughter is a US citizen and applied for K-1visa in August 2013. She and her spouse were accepted for a Fiancé VISA and they got married within 90 days of her Husbands arrival. He got accepted for a Conditional Green Card and obtained it. He has a social security number for work and had a... Read more »
He has likely abandoned his status by remaining outside the USA for so long. They will need to refile.
Q: do i have to do probate if my dad has no house and no land, i live in nh he lived int ma he has a bank account and a car
loan with a cosigner,he has nothing else with little in bank account.with that said how do i go about the car my understanding is i inherit his belonging and car and as far as i know im not responsible for the car loan the cosigner is but do i inherit the car
If the assets are nonreal estate and less than $25,000 you would need to file a Voluntary Statement and death certificate in order to have title to the car transferred to you ( are you the only heir? No siblings? )You have not stated whether he had a surviving spouse so I am assuming he did not)
Q: How will equity from sale of a house affect govt asst. programs like ssdi, medicare, masshealth, food stamps, housing?
Yes I am disabled, on hemodialysis, and get palliative care services. My house will be closing on Wednesday. I will be getting about $150,000 (that's the gain). What federal/state assistance programs will be affected by this gain of money? Is there any legal way around it or to avoid losing the... Read more »
You have not stated whether you are disabled . If so, there is a special needs trust you can explore.
Q: what do i do in regards to getting 70/30 (70 me 30 him) custody of daughter and father is abusive
My daughters father is very ignorant towards me and refused to let me have my daughter on a court ordered visit and is using full custody to tell me when I can see my daughter
It sounds like there is a Contempt of a visitation order in which case you can file a Contempt Complaint at the Court where the adjudication of Paternity or Custody and Support Complaint Orders were issued from.
Q: Looking for information regarding my legal rights as a noncustodial parent believing my child to be in an unsafe environ
Environment. My ex wife has recently entered into a relationship with her blood cousin (Adopted out of the family as an infant, he found her looking for his family). She allowed him to move in with her and my nonverbal autistic daughter without even meeting him - their entire relationship was based... Read more »
If you have a divorce judgment , then the terms of the Judgment or Separation Agreement incorporated in the Judgment as to Custody and visitation, if applicable will be in force until Modified. You have made statements of concern for your child's well-being and a Modification and Motion for... Read more »
Q: How can I get my parents and sister a tourist visa from Brazil?
I am a green card holder, unemployed. They had their visa denied back when I had a F1 visa last year.
There is nothing you can do directly to get them tourist visas. Usually tourist visas are denied for failure to show non-immigrant intent. This is not something you can overcome on their behalf. Rather, each of them will have to be able to prove sufficient ties to Brazil (ex. family, job,... Read more »
Q: My fiance is being charged with murder I have a paper of how much the house is worth I need a lawyer who will fight for
You could call 100 lawyers about this and they will all tell you they will fight for you! Finding a solid defense lawyer takes more time than a post- you want to look at more than a webiste too. Look at their years of experience, training, and reviews if they have them. I know some excellent... Read more »
Q: If I file an immigrant petition for my siblings, would they find it harder to get visit or work visas in the interim?
I'm a US citizen. I know right now there's a 14 year wait. Want to make sure by applying, I'm not excluding them from traveling to the US for work or vacations.
Just filing an I-130 petition so that they are in line waiting for a visa number should not impact non-immigrant visas in the interim.
Q: What can I do when my son’s father is purposely calling him by the wrong name, after it has been legally changed?
My son is 18 months old. Until this past March, his father refused to see him since I left him in January of 2018 (my son was born October 24, 2017). When my son was born, he was named after his father, but due to his refusal to be involved, in addition to legal issues, I decided to change my... Read more »
The visitation center should provide reports of his conduct to you or your attorney for use in Court for a Motion for potential further curtailment of visits and orders to be obtained concerning the discontinuation of former name use by him .You may need a Modification petition if your case has... Read more »
Q: Can I cede a piece of my property to the town?
My home (which I've owned 3 years) includes 3 parcels, each taxed separately: the largest, which includes the house; a small strip acquired from a neighbor to add a driveway; and - the questionable piece - is the alley behind the house. I own the part behind my house to the center of the alley. I... Read more »
You can give it to them, but they have to accept it. Call the town, like the town manager or the selectmen's office, and discuss it.
You can also stop paying taxes on it. The town will eventually take it for nonpayment of taxes. However, it is possible you remain personally liable for the... Read more »
Q: Can I have clarification on abandoned vehicle law and who has rights in my situation?
I live in MA and was going to sell a vehicle to a person who lives in RI. The title has yet to be sent to me by the previous owner who lives out of state. The vehicle has been sitting in the garage of the RI resident for 8 months. Since the title is not in my name and no agreement was signed, am I... Read more »
This question cannot be answered completely without first seeing the title to the car--the title that you do not have yet. In the meantime, you certainly must know that you cannot lawfully sell the car to anyone without owning it; right?
Then your next task is either get the title from... Read more »
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