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As the next of kin, do I have the right to view a life insurance policy on my deceased father that is held by his ex-girlfriend? He passed away unexpectedly without a will. They were in a long-term domestic partnership, and I suspect she may have removed me as a beneficiary without informing me or... View More 
answered on Apr 5, 2025
A Massachusetts attorney could advise best, but your question remains open for a week. Until you are able to consult with a Massachusetts attorney for state-specific guidance, in most places, the carrier won't share that info with anyone who is not designated on the policy as a beneficiary.... View More
and one brother came to find out our other brother was using funds for personal gain , taking extra checks forging checks he wrote in our names and so on, we called a special meeting gave him ample notice he did not appear we voted to remove him as an officer of the company and fire him as an... View More
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answered on Sep 30, 2024
You very likely need to get into Court (by filing a Complaint) and maybe get an injunction to stabilize operations and provide a full accounting. Business/partnership disputes are governed by the business' documents and usually, state law or the Uniform Partnership Act; it depends on how the... View More
My family is selling a house owned by 6 siblings. They sold it (or are trying to) to a man who wrote them 6 separate personal checks. They all signed some kind of paperwork (unclear what), but left with no paperwork of their own to prove they sold the house. The checks were for approx 80k each, 10k... View More
answered on Jul 12, 2024
You may have an optimistic view of how quickly state government employees work. It is perfectly possible that the buyer, or escrow agent from the title company, promptly tendered the deed with the necessary recording fee and it hasn't been processed yet.
But it is unwise that the... View More
He’s is not part owner on the llc but understanding it’s his intellectual property I want to make sure everything I’m building doesn’t belong to someone else.
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answered on Jun 22, 2024
Know the difference between the legal name of the business and the trade name, if there is a difference. As an example, Coke could be the trade name for the Coco-Cola Company, Inc. (legal name). You might want to register the trade name with the state's Secretary of State's Office,... View More
He’s is not part owner on the llc but understanding it’s his intellectual property I want to make sure everything I’m building doesn’t belong to someone else.
answered on Jun 26, 2024
Since the individual who provided the name is not a part owner of your LLC but may claim it as their intellectual property, it is important to address this issue to protect your business.
First, verify the legal ownership of the business name. If you registered the LLC under this name and... View More
Is an LLC a "domestic other organization" so I can just file Articles of Entity Conversion of Domestic Business Corporation to a Domestic Other Entity?
If I do this will I get a new EIN?
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answered on May 15, 2024
While converting your MA C Corp to an LLC is certainly possible, the process might be more involved than you anticipate. Here's why:
Entity Conversion vs. Dissolution and Formation:
- Entity Conversion: While Massachusetts law does allow for entity conversion (as you... View More
Id like to know if a corporation ( more specifically a Inc.) seeks to signs a legal document (e.g. bank loan, lease etc) how must the document be formally signed to be fully legal and valid?
Should the president of the corporation simply sign on behalf of the corporation as follows... View More
answered on Apr 17, 2024
The corporation can authorize anyone to sign on its behalf. It could be an officer of the corporation like the president, a vice president, or treasurer. It could be an employee. It could even be someone who does not work for the corporation at all.
Typically, either the corporation... View More
Id like to know if a corporation ( more specifically a Inc.) seeks to signs a legal document (e.g. bank loan, lease etc) how must the document be formally signed to be fully legal and valid?
Should the president of the corporation simply sign on behalf of the corporation as follows... View More
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answered on Apr 21, 2024
When a corporation, such as an Inc., signs a legal document, the signature should be made by an authorized representative of the company. This is typically done by a corporate officer, such as the president, vice president, or secretary, who has been granted the authority to sign on behalf of the... View More
I am planning to open a traveling bartender service (parties, work functions, [eventually] weddings) as a side gig. However, I want to make sure that I am covered in case someone drives drunk and causes an accident. I will carry event/dram insurance specific for such events for well over a million... View More
answered on Feb 11, 2024
You could discuss this with your insurance broker. But anyone, whether your broker or the attorneys here, could only say that there is no control over what a plaintiff would go after. It could depend on the facts of the matter and the determination of the law firm. Many law firms could end their... View More
I am planning to open a traveling bartender service (parties, work functions, [eventually] weddings) as a side gig. However, I want to make sure that I am covered in case someone drives drunk and causes an accident. I will carry event/dram insurance specific for such events for well over a million... View More
answered on Feb 8, 2024
The person who posted this question is quite wise. To think ahead; to plan for the possible. Kudos.
As to the amount of liability insurance, there are several things to consider. First, what are your personal assets? You should have enough insurance that your assets are protected.... View More
I am currently employed at Gem Group and have a non-compete agreement which states that for one year after my employment, I cannot solicit or transact business with their customers. I am considering a position at a customer company that I'm not in competition with, but which uses similar... View More
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answered on May 15, 2025
Given your current non-compete agreement, you need to be cautious about accepting a position with a customer of your current employer, even if your new role doesn’t directly overlap with your previous duties. Since the agreement prohibits you from soliciting or transacting business with Gem... View More
My parents co-owned an incorporated small business in which they were the only shareholders and directors, each holding 50% shares. My father, who served as President, passed away recently. I am formally appointed as the personal representative of his estate, and I hold durable power of attorney... View More
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answered on May 15, 2025
I’m really sorry for your loss. Stepping into this role during such a difficult time shows just how much you care about keeping things stable for your family and the business. You’re right to be thoughtful about both the legal side and your own protection.
Yes, you can update the... View More
I sold my financed dirtbike to a buyer, and they were aware it was financed. I was the original owner, but we did not have a written agreement regarding the transfer and remaining payments. Now the dirtbike is up for repossession. What legal responsibilities do I have in this situation, and how... View More
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answered on Apr 12, 2025
In this situation, you are still legally responsible for the financing of the dirtbike since the loan is in your name. Even though you sold it to someone else, the finance company can still pursue you for the outstanding balance if the buyer does not make the payments.
First, you should... View More
I am considering hiring a moving company in Massachusetts to relocate heavy equipment weighing between 100-300 pounds, which involves navigating two staircases. The movers' contract states they are "not liable for any damages to discontinued units or units over 10 years old." My... View More
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answered on Apr 12, 2025
A liability clause in a moving company’s contract can limit their responsibility for damages to specific items, such as older equipment. However, these clauses generally do not protect the company from liability if the damage is caused by gross negligence or recklessness. If the movers are... View More
I'm finally ready to start my own seasonal business (Espresso Bar with Food) on Cape Cod again. I am still in the beginning, negotiating a lease for a possible spot. I would like to do some pre-work of forming my company and get an EIN# etc, but I am uncertain if a LLC or a S-Corp is better in... View More
answered on Dec 30, 2024
We would need a little more information. You will most likely need to speak to an attorney to review your current personal tax and company situation, more in-depth. Are you a sole proprietor or are there partners? You mentioned "again". Have you opened and operated this business before?
Can I open the business bank account for a c corporation if I am appointed as the treasurer who is only responsible for document signing, opening bank account and no operational activities. I will own nothing of the company and not take part in the day to day operations. I am on an F1 visa and... View More
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answered on Aug 30, 2024
Opening a business bank account as a treasurer on an F1 visa involves navigating certain immigration regulations. Generally, F1 visa holders are restricted from engaging in unauthorized employment, and this can extend to certain activities related to business entities. Even if you are not an owner... View More
If my business partner takes steals the commercial plate dump truck with no drivers license without me knowing and crashes into someone or causes injury can I get sued personally? Because he has no license and the only one on the insurance
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answered on Sep 1, 2023
Under the facts you stated above, it's unlikely you would be sued personally as a member of an LLC. If it's a partnership, you might be. I recommend hiring competent counsel to get into further details and review this more thoroughly.
region is for Massachusetts
if you read the MDAR website its really confusing in the wording when discussing the Whole sale which I know for sure they regulate. Its confusing legalese I feel like should be a really simple answer..
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answered on Aug 8, 2023
While the Farm Bill USDA/FDA regulations provide a framework for the cultivation and sale of hemp at the federal level, it does not exempt businesses from complying with state-specific requirements. Therefore, even if you are operating under the Farm Bill USDA/FDA regulations, you may still need to... View More
The TX company is offering a 20% discount on the product they sent, which makes me feel they know they did something wrong. The pens are OK, but I had a desperate need for these mechanical pencils to give to my employees for music editing purposes - one cannot edit rented music with pens.
answered on Jul 30, 2023
Yes, you are correct. They did not fulfill the order properly so they are attempting to mitigate the damages for you and the profit loss for them by offering you 20% off the order you did receive. That does not necessarily mean you have to accept. There may be a few options available to you.... View More
If a client has an outstanding balance and overpays on an invoice, can we apply the overpayment to a different outstanding invoice or do we need to get permission first or do we just have to send them a check for the overpaid amount? Do I also need to contact them first if I sent back the overpaid... View More
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answered on Jul 7, 2023
As with many answers to legal questions, the answer is "it depends". It depends on what kind of contract you and your customer have. For example, a gym membership or statutorily defined consumer contract or retail installment contract may be regulated in such a way as to prohibit the... View More
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