Lawyers, Answer Questions  & Get Points Log In
Massachusetts Civil Litigation Questions & Answers
1 Answer | Asked in Estate Planning, Civil Litigation, Elder Law and Probate for Massachusetts on
Q: Can an alternate designation written on a will (not a beneficiary) supersede the Heirs-at-law?

A second cousin is named as an alternate in a will. The first cousins are the heirs-at-law. The second cousin is contesting the will.

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 28, 2021

If the devisees under the Will are all alive, then it would seem that an alternate designated or conditional beneficiary-devisee would not take under the Will. If the Will is disallowed the heirs under intestacy would take.

2 Answers | Asked in Family Law and Civil Litigation for Massachusetts on
Q: What if I filed a complaint but no answers have come in and it is 35 days now. What do I do now?
Anthony C. Adamopoulos
Anthony C. Adamopoulos answered on Jun 7, 2021

Assuming you are talking about divorce, "filing a complaint" is not enough to get what you call "answers" and the Rules call "Defendant's Answer".

Have you received and served, according to the Rules, a Summons?

It looks like you are not prepared...
Read more »

View More Answers

Q: Employer in MA wants to send temp. employees out to get DOT physical exams/certifications. I interpret this as a Hipaa

violation at the very least, since these are employees of staffing agencies, who are the real "covered entities" here. They supply the WC insurance, payroll, are the holders of their personnel records, etc. They also almost all have provisions written into their contracts that state... Read more »

J. Heath Dillon
J. Heath Dillon answered on Dec 29, 2020

The employer can communicate directly with the temp employment agency that supplied the employees of the employer's requirement that the temp employees obtain and pass a DOT physical. It is, likely, not appropriate for the employer to communicate this need directly to contracted employees... Read more »

1 Answer | Asked in Animal / Dog Law and Civil Litigation for Massachusetts on
Q: Hello I want to go to court to get custody of my dogs and so I can you please advice me on what I should do? Thank you

Hello,

I have a question about two of my dogs. I was with someone for 6 years and after a year in a relationship. He gifted me a dog. I also ended up buying my other dogs. In that relationship every time I tried to leave he would threatened to take both dogs. It took me a while before I... Read more »

Brian Waller
Brian Waller answered on Dec 23, 2020

Even though dogs are part of the family, this actually isn't a family law issue, it is a property issue. In divorces, pets are handled in the same way as property and divided between the parties in some way. Sometimes there is an every-other-week arrangement like you agreed to previously. When... Read more »

1 Answer | Asked in Civil Litigation for Massachusetts on
Q: How do I collect the money when my lawyer has been telling me for years the defendant will be paying and I get nothing

I won a judgment

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 23, 2020

This sounds odd. Take your Judgment to another attorney to review.

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Entertainment / Sports for Massachusetts on
Q: Fitness training company charging me for services that were not provided. What are my options?

I signed up for personal fitness training with a company for 6 months from Dec-2019 to May-2020 ($600 for each month & 10 sessions each month). No services were provided between Mar 2020 to May 2020 due to COVID. The company was not reachable on phone during that time for cancellation enquiry.... Read more »

Christopher Tolley
Christopher Tolley answered on Oct 9, 2020

Most lawyers' rates would make legal representation impractical. Look carefully at your contract and see what your options are. Contact your credit card company and have them stop the automatic payments. I suggest you consider filing a small claims suit yourself. If nothing else, it will get... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Traffic Tickets for Massachusetts on
Q: I got my very first ticket and the officer told me to appeal it. Should I bother doing it or just pay it?

I wanted dismissed if possible, but i'm not sure if it's worth it. I was at fault so what would i say in court? I was driving and passed a red light that changed just before i past it. is the officer telling me that he's not going to appear in court? i've had my license only for... Read more »

Lissa McKinney
Lissa McKinney answered on Aug 25, 2020

APPEAL THE TICKET!! There are a number of very important reassons to take the appeal. First, you are under the age of 25 and in the age bracket where there can be larger SDIP points assessed or possible surcharges on a policy. Second, if you have 3 speeding tickets or 5 overall moving violations... Read more »

1 Answer | Asked in Divorce, Appeals / Appellate Law, Civil Litigation and Legal Malpractice for Massachusetts on
Q: Being Sued and Need To Respond to Get Suit Thrown Out or Delayed

This is messy I know, but I'm appreciative of the help. I'm representing myself pro se in a divorce trial. Not my choice. My previous law firm did not file an appearance, they were "consulting", they did a lot of damage on rules of evidence. I didn't pay them. They are... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 13, 2020

Your question is very confusing. Are you seeking to file a legal malpractice claim? If so, that is an area of specialization and you can inquire using this forum. If you are seeking pro bono legal assistance, also, then there are some resources which may be available to you . You need to tailor... Read more »

1 Answer | Asked in Consumer Law, Contracts, Business Law and Civil Litigation for Massachusetts on
Q: The plumber who is fixing my boiler has been in and out over 3 weeks. If i hire someone else instead, do I have to pay?

It's been 3 weeks without hot water, the plumber I called keeps not showing up, or he will just suddenly show up at 8pm. He hasn't fixed my boiler in three attempts. No paperwork has been signed, and he hasn't really communicated the problem. If i hire someone else to fix my boiler,... Read more »

Christopher Tolley
Christopher Tolley answered on Jul 16, 2020

If you have not agreed on the work he is to perform and what you are required to pay him, you do not have a contract. He may have a right to compensation for his visits but it would be up to him to show what he did and the basis for any compensation he claims to be entitled to. I suggest you hire a... Read more »

1 Answer | Asked in Child Custody and Civil Litigation for Massachusetts on
Q: I need to know legally where I stand with child support. X had c/s reduced 6 years ago due to no jobs but does very well

He just bought a $700,000. house, goes to the Caribbean 2-3 times a year and does not cover my health insurance and it’s in our divorce. The $49 a week I get in c/s is not enough

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 9, 2020

It sounds like a Modification of Child Support matter can be filed based upon his material change in circumstances . The current Guidelines would be applicable, also. It also sounds like he is in Contempt with regard to your health insurance coverage if that was not changed in the earlier... Read more »

1 Answer | Asked in Consumer Law, Civil Litigation and Constitutional Law for Massachusetts on
Q: Does the Governor of Massachusetts have the legal authority to order me to wear a mask because of the coronavirus?

Doesn't this order infringe on my constitutional rights?

Tim Akpinar
Tim Akpinar answered on May 17, 2020

Constitutional rights are balanced with public health interests in these settings. Good luck

Tim Akpinar

1 Answer | Asked in Civil Litigation, Bankruptcy, Consumer Law and Contracts for Massachusetts on
Q: Can I reopen a CH 13 BK from years ago as its related to CURRENT litigation?

This CH 13 BK and adversary proceeding was handled by an attorney I hired (and who is now deceased). I ONLY started digging into the facts because the opposing attorney brought it up There are strong possibilities that not only was FOTC committed, but also, the judge's order was not complied... Read more »

Timothy Denison
Timothy Denison answered on May 5, 2020

You can try. The reopening fee is $260.

1 Answer | Asked in Bankruptcy and Civil Litigation for Massachusetts on
Q: How do I file a motion for relief from the automatic stay associated with a debtors bankruptcy in MA?

We hired a general contractor to build an addition to our home, and he filed bankruptcy in the middle of the project. We can attempt to obtain money from a state guarantee fund, however in order to file a claim with this fund we need a judgement against the contractor. In order to obtain a... Read more »

Timothy Denison
Timothy Denison answered on Mar 18, 2020

You are really going to need a lawyer to guide you through an adversarial proceeding to attempt to obtain a judgment. Consult a competent bankruptcy attorney to discuss your options.

1 Answer | Asked in Civil Litigation and Insurance Bad Faith for Massachusetts on
Q: Can I sue my grandmothers car insurance for dropping her just because I have a bad driving record?

I have my own car and insurance and it has nothing to do with her.they want to punish her for my midterms and it’s not cool

Tim Akpinar
Tim Akpinar answered on Feb 22, 2020

No. Insurance carriers can drop insureds for a number of reasons - late payment, risk, claims, etc. You could double check with a local attorney for a second opinion. As for the driving record, it could be worthwhile to look into a defensive driving course to see how many points could be taken off,... Read more »

1 Answer | Asked in Consumer Law and Civil Litigation for Massachusetts on
Q: How do I RENEW a Massachusetts civil capias warrant issued in a home contractor award case that will expire in 2 months.

The warrant is evidently good for 1 year during daylight hours only. I have proof of defendant's continued address occupancy (signatures on USPS postal receipts within last 2 months), but is otherwise very good at dodging the sheriff. Person would be greatly happy when this expires, as could... Read more »

Christopher Tolley
Christopher Tolley answered on Dec 13, 2019

You have to file a written motion for a new capias, mark it for hearing, give notice to the debtor, and surrender the old capias.

1 Answer | Asked in Divorce and Civil Litigation for Massachusetts on
Q: Awaiting Decision after Trial one year ago

We had our trial one year ago this month and I don't understand why it is taking so long to get a decision from the judge and also why does my lawyer fear submitting a status inquiry as to when a decision will be made?

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 9, 2019

You should discuss this with your divorce attorney. It is possible that he or she is aware of the Judge's calendar or other situation causing delay. The Court personnel may be/ probably are aware of the case remaining undecided as well. Your counsel probably does not want to anger or upset... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Massachusetts on
Q: Medical Practice Owner in Breach of Contract

Practice owner has been approached by an investment party that want to buy 51% o the share. Owner is now giving notices and terminating all previous 'profit sharing' or branch partnership contract without any reason.

1. Is this legal?

2. As the investment company started... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 1, 2019

Your important questions cannot be answer here on Justia The concerns expressed are dependent upon the terms of all the written contracts involved; so you should contact a local business lawyer to advise you.

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Civil Litigation for Massachusetts on
Q: Is This a case of fraud and Grand Larceny?

The tow and storage fees services at Lynch (Manoli's) Towing are unfair after my vehicle was towed there after a car accident when my steering-wheel locked on April 26, 2017 ! I contacted an employee at Lynch Towing about the prices for tow storage and I was told inaccurate prices on two... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 6, 2019

Neither. This is a contractual issue. Based on your facts as stated, you have known that your car was towed and secured behind locked gates since April 26, 2017--the date of the accident. Right?

You have also known since May 5, 2017 that the towing company charged a $455 towing fee, and...
Read more »

1 Answer | Asked in Civil Litigation and Civil Rights for Massachusetts on
Q: Difference between false arrest and false imprisonment?

Hello,

I filled a lawsuit because I was detained by security guards after I was accused of sleeping on a couch and therefore 'trespassing' and 'stealing' there was no evidence to support this and the company never proved their claims nor was I charged by police.... Read more »

Gary Kollin
Gary Kollin answered on Jan 31, 2019

It is amazing what you can find on the internet by googling

https://www.nolo.com/legal-encyclopedia/what-false-imprisonment.html

1 Answer | Asked in Civil Litigation for Massachusetts on
Q: My neighbors dog keeps doing his duty on my lawn even though I've asked him not to. What can I do?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 22, 2019

Perhaps a cease and desist letter from a lawyer may be the best first step, otherwise you might consider suing for trespass though that may be drastic. Have you considered a fence? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.