Massachusetts Questions & Answers

Q: Can you set up a trust for a pet? A friend is trying to make sure his pets are taken care of.

1 Answer | Asked in Estate Planning for Massachusetts on
Answered on Jun 15, 2018
Peter C Herbst Jr's answer
Since 2011, Massachusetts has allowed for the recognition of pet trusts. Your friend will need to think of the appropriate caretaker for the pets but the pet trust can allow for financial funding of the pet's needs. As with any trust, your friend want to make sure it is integrated with his estate planning to make sure the trust is funded the way he intends it after he passes away.
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Q: I'm looking for a pro bono federal prosecutor in Boston, MA.

1 Answer | Asked in Criminal Law, Federal Crimes, Identity Theft and Social Security for Massachusetts on
Answered on Jun 15, 2018
Gary Kollin's answer
Pro bono prosecutor?? you cannpt hire a prosecutor. Prosecutors work for the government.

Call the Department of HHS. They have investigators
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Q: I asked the last question about H1B after OPT, I want to apply for any photo ID that I can carry with me.

1 Answer | Asked in Immigration Law for Massachusetts on
Answered on Jun 14, 2018
Carl Shusterman's answer
Sure, you can apply for a drivers license.
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Q: Is it lawful for an attorney to force an heir to sign a full Release of Personal Representative's obligations?

1 Answer | Asked in Probate for Massachusetts on
Answered on Jun 14, 2018
Lillian J. LaRosa's answer
There are Releases often exchanged when distribution of an Estate or partial distribution takes place. No one is "forced". It is for the purpose of agreeing that the distribution is not challenged and will not be challenged at a later date.
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Q: I was on OPT and I transferred to H1B status without leaving the US (have no valid visa) Can I apply for government ID?

2 Answers | Asked in Immigration Law for Massachusetts on
Answered on Jun 14, 2018
Carl Shusterman's answer
You are in lawful H-1B temporary working status. What type of government ID would you like to apply for?
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Q: Who is responsible for repairing a retaining wall on a shared residential property line?

1 Answer | Asked in Real Estate Law for Massachusetts on
Answered on Jun 13, 2018
Christopher Tolley's answer
Here is the misleadingly short answer: the duty to repair a wall falls on the person who altered the grade of his land, and later owners of the same property. However, there are so many fact-bound variations on this concept that stating it this way may raise more issues than it resolves. Who is responsible for repairing the wall is tied to whether you or your predecessor (or some third party) erected the wall, the state of the topography before the wall was constructed, what, if anything was...
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Q: I got caught shoplifting days after the offence,I returned the item to the police department,what should I expect?

3 Answers | Asked in Criminal Law for Massachusetts on
Answered on Jun 13, 2018
Ryan P. Sullivan's answer
There are several things to expect: 1. You can be summonsed to court for an arraignment on shoplifting charges (this could take days, weeks, or months to process); 2. You can be sent a notice of a hearing about whether a charge should issue (often called a clerks hearing or magistrate hearing); or 3. The company may pursue you in civil court.

You should consider contacting an attorney to discuss the specifics of your case. You should not post any other specifics about the case on...
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Q: Life without parole for murder, Does that mean they will almost always deny parole even though they make it to the board

1 Answer | Asked in Criminal Law for Massachusetts on
Answered on Jun 12, 2018
Ryan P. Sullivan's answer
Hello,

The short answer to your question is yes, but actually a person who is facing life without the possibility of parole (only a punishment for first degree murder) will not make it to a parole hearing as there is no possibility without parole. A life sentence (that is not for first degree murder) can result in parole and a person may be before the parole board numerous times before parole is granted (if at all). Consulting with an experienced criminal defense attorney would be...
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Q: Can I go to Canada or Home country COS stamping from H4 to f1. And I can withdraw my I-539 application from USCIS.

1 Answer | Asked in Immigration Law for Massachusetts on
Answered on Jun 12, 2018
Carl Shusterman's answer
If you exit the US while your change of status application is pending, it will be considered abandoned.
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Q: When can I file for citizenship?

1 Answer | Asked in Immigration Law for Massachusetts on
Answered on Jun 12, 2018
Carl Shusterman's answer
As long as you are still married and living together, you can apply for naturalization in January 2019.
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Q: If I get divorced, am I required to give half of a trust my uncle set up for me to my ex?

2 Answers | Asked in Divorce for Massachusetts on
Answered on Jun 12, 2018
Anthony C. Adamopoulos' answer
Your question is: [In a Massachusetts divorce], am I required to give half of a trust my uncle set up for me to my ex?

There is no law that requires this. The law only says that all property of both parties will be divided fairly. If the parties cannot agree on what is fair a judge of the Family Court will decide.
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Q: My boyfriend has lost all of his documents in a house fire. He is not a citizen.

1 Answer | Asked in Immigration Law for Massachusetts on
Answered on Jun 11, 2018
Carl Shusterman's answer
He can get a copy of his file by filing a FOIA request with the USCIS.

Thanks to a law called the Freedom of Information Act (FOIA, for short), persons wishing to see what information and documents U.S. immigration officials have collected on them—or on another person, with that person's consent—can request a copy of the relevant immigration file, also known as an “A file.” These FOIA requests can be critical in cases where an applicant’s extended history matters to the...
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Q: Statement in Will leaves ambiguity and open to interpretation— who owns this inhereted real estate?

1 Answer | Asked in Real Estate Law and Probate for Massachusetts on
Answered on Jun 11, 2018
Lillian J. LaRosa's answer
Has your mother's Will been filed with the probate Court with either a Formal petition or otherwise? Did she pass away during the last three years? I will assume for this response that she did. This Petition for Probate step needs to occur with someone seeking appointment as Personal Representative of the Estate and determination of who the children are is part of the Formal Petition requests . The Personal Representative is the Executor named in the will but if more than a few months have...
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Q: What if your a victim of raqueterring

1 Answer | Asked in Criminal Law, Federal Crimes and Internet Law for Massachusetts on
Answered on Jun 6, 2018
Gary Kollin's answer
I would answer but I do not know what a sounding heat is.
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Q: Does my step sons fathers mother have any legal obligation to see the child?

1 Answer | Asked in Child Custody for Massachusetts on
Answered on Jun 5, 2018
Lillian J. LaRosa's answer
This is a complex question inasmuch as the particular facts of your matter are going to dictate what happens with a potential grandparent visitation claim -was this a divorce or paternity matter? What was the relationship between the grandparent and child? Have there been allegations of abuse or neglect of the child and is that an issue? How long have you and the child been living in the new state? If more than 6 months have gone by Massachusetts does not have jurisdiction over the child...
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Q: How can I correct an information mix up due to a typo on an immigration FORM?

1 Answer | Asked in Immigration Law for Massachusetts on
Answered on Jun 4, 2018
Carl Shusterman's answer
You obviously need some help. Contact one of the following:

1. USCIS Ombudsman

2. Your Member of Congress

3. An Immigration Attorney
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Q: Father have custody

1 Answer | Asked in Child Custody for Massachusetts on
Answered on Jun 4, 2018
Lillian J. LaRosa's answer
If you have an existing Judgment giving father custody you would be filing a Modification and Motion for Modification of the Judgment .
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Q: What type of attorney would you consult with to determine if a situation should be investigated by higher authority

2 Answers | Asked in Federal Crimes and Legal Malpractice for Massachusetts on
Answered on Jun 1, 2018
Gary Kollin's answer
Is it a criminal matter, administrative matter ? You do not present enough information to answer
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Q: Is there any issue here - my daughter married a guy from France

1 Answer | Asked in Immigration Law for Massachusetts on
Answered on Jun 1, 2018
Carl Shusterman's answer
Does he have a green card? If so, is it a 2-year green card or a 10-year green card?

If your marriage ends in a divorce before your conditional permanent residence (CPR) expires, you should submit an I-751 waiver to the USCIS as soon as your divorce becomes final.

Most foreign-born persons who marry U.S. citizens apply for a green card in order to remain in the U.S. with their spouse. In order to become a permanent resident, they must first file for a 2-year conditional green...
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Q: father have custody but child is not staying at his house.

2 Answers | Asked in Family Law and Child Custody for Massachusetts on
Answered on Jun 1, 2018
Lillian J. LaRosa's answer
Yes, you can file a Modification of whatever Judgment granted custody to father. You will need to obtain a copy of the Judgment from the Court involved to do so and are you able to take custody of the child at this point? Have you visitation rights? You should consider seeking visitation first if you have not had regular contact with the child. Of concern is your statement that the child is outside the home alone without supervision. More information is needed as to time of day and...
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