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Massachusetts Questions & Answers

2 Answers | Asked in Probate for Massachusetts on

Q: Looking to hire and get questions answered about estate and inheritance law in PR.

My husbands father passed away in 2015. We we told he owned property and arent sure if he had other assets. He has two chilrden my husband being one and his sister. When he passed their aunt to control of everything and included them in nothing. We are looking to find out if everything was done... Read more »

Lillian J. LaRosa answered on Aug 7, 2019

Hello, If your father in law was not a resident of Massachusetts, then it is not a Massachusetts matter unless there was property in Massachusetts in which case what is referred to as an Ancillary appointment would be needed, but this is would entail the same person being appointed in... Read more »

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1 Answer | Asked in Landlord - Tenant for Massachusetts on

Q: Demanding full security deposit after 30 days of lease end

I moved out of my previous place 35 days ago. I gave proper notice 60 days in advance, and provided the landlord with address to return security deposit.

35 days later he says the damages go over the security deposit amount (implying he wont return money) and does not provide any... Read more »

Zachary Alan Waksman answered on Aug 6, 2019

I cannot give advice in this forum.

However, the landlord does not appear to have followed Section 15B. It may be too soon to sue, though. What court you bring this in will depend on the size of the deposit and the damages.

You should consult an attorney for assistance drafting any...
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1 Answer | Asked in Real Estate Law for Massachusetts on

Q: If I am in the process of divorce, can a realtor sign me to a seller’s agreement if both of our names are on the deed?

I wasn’t really clear on what I was signing and it’s solely my name on all of the paperwork, also I wasn’t given a copy of it until after I verbally brought it up with the realtor a few days later.

Christopher Tolley answered on Aug 6, 2019

Not all owners of real property are required to sign a purchase and sale agreement. So long as your spouse signs the deed at the time of closing, you will have performed under the agreement. The problem for the buyer in this situation is that it cannot compel a sale because only one of two owners... Read more »

1 Answer | Asked in Bankruptcy for Massachusetts on

Q: What happens at a chapter 13 bankruptcy non-evidentiary hearing?

I am a pro se Creditor in a Boston chapter 13 bankruptcy and filed an objection and motion to dismiss. A non-evidentiary hearing for both is set less than two weeks from now. What happens in the non-evidentiary hearing, and how can I best prepare for it?

Bruce Alexander Minnick answered on Aug 5, 2019

You can "best prepare" for your motion hearing by hiring a bankruptcy lawyer.

1 Answer | Asked in Bankruptcy for Massachusetts on

Q: Is a pending spousal support mod action legal justification not to pay after filing bankruptcy?

My ex-husband filed for chapter 13 the second time and shortly thereafter filed a spousal support modification action to reduce or eliminate alimony. He will not pay any spousal support after filing bankruptcy, using the pending modification action as the reason. The support order is current and... Read more »

Timothy Denison answered on Aug 1, 2019

The stay does not pre ENT him from paying maintenance nor is it a legal justification to no pay. In most jurisdictions, however, modification if granted are retroactive to the date of filingvof the motion. You filing s contempt motion for nonpayment May be in order.

1 Answer | Asked in Estate Planning for Massachusetts on

Q: My mother is in assisted living and she has an annuity that she has been using to pay for the assisted living.

Is there a way to protect the money that remains in her annuity?

Nina Whitehurst answered on Aug 1, 2019

It is impossible tip answer your question without reviewing the annuity contract but very likely on her death the remainder will have to be used to reimburse Medicaid.

1 Answer | Asked in Domestic Violence for Massachusetts on

Q: Did husband violate restraining order by locking me out of our buisness banking account and preventing doing my job?Ma.

I live in Massachusetts. Iam about to file for divorce.he is narcissist sociopath/bipolar (reason for restraining order w/o too much detail)

Lissa McKinney answered on Aug 1, 2019

Whether he is in violation depends on the wording on the restraining order, and what is said regarding the business. If it was silent as to the business address then he can be there. If it said he could not go to the business property and whatever he did was online, he is probably OK. Once a... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on

Q: My spouse got physical custody of my daughter 10 yrs ago. My daughter wants to move in with me. Do I need a court order?

Daughter is 16 years old.

Lillian J. LaRosa answered on Jul 30, 2019

Hello, yes, you should file a Modification proceeding and a Motion for Temporary Orders seeking primary physical custody of the child and if granted, then you would be entitled to child support from the other spouse.

1 Answer | Asked in Civil Rights for Massachusetts on

Q: Hello So,I got assaulted, and got into a fight at my job with a coworker. I filled a police report.

Gary Kollin answered on Jul 30, 2019

Thank you for sharing. You have not asked any question.

3 Answers | Asked in Criminal Law for Massachusetts on

Q: Is assault w a dangerous weapon if you break a bowl when someone is in another room with the door closed

Joseph B. Simons answered on Jul 28, 2019

It doesn’t sounds like an assault with a dangerous weapon. There are two versions of assault in Massachusetts:

In order to establish the first form of assault — an attempted battery — the prosecution must prove beyond a reasonable doubt that the defendant intended to commit a battery...
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1 Answer | Asked in Family Law and Child Custody for Massachusetts on

Q: Massachusetts- Rights of the father to seek psychological help for his son, mom refuses. What can be done?

Step mother is being verbally and physically abused by the her oldest step son. Father wants to get him psychological help for these issues but the mother isn't cooperating. Child lives 3 hours away in another state. What are the father's rights to getting his son the help he needs?

Lillian J. LaRosa answered on Jul 26, 2019

You have not stated the age of the child. If he is a minor and if father has joint legal custody then he can seek a Modification for Medical decision-making authority based upon mother's refusal to deal with the aggression . You would need a Petition for same and a Motion for Temporary Orders as it... Read more »

1 Answer | Asked in Personal Injury and Gov & Administrative Law for Massachusetts on

Q: I was involved in a prolonged period of exposure of Cellulube 220 onboard the USS Independence (CV-62), circa 1984.

I have become debilitatingly ill, e.g. demyelinating brain lesion, Arachnoiditis, etc, but my healthcare team and the VA do not see a causative link to my documented exposure.

Tim Akpinar answered on Jul 25, 2019

Thank you for your service. I'm sorry to learn about your illness stemming from exposure to Cellulube. You would get the most meaningful guidance from a law firm that handles veteran's benefits, and I don't think there is a tab for that in the Find a Lawyer section here. You could conduct your own... Read more »

2 Answers | Asked in Bankruptcy for Massachusetts on

Q: I live in the New Bedford Massachusetts area and on disability. Any pro bono attorney for chapter 13?

I cannot afford an attorney and I am facing foreclosure. I have a family of 4 and need help.

Bruce Alexander Minnick answered on Jul 25, 2019

This is not the right place to seek legal representation. This is a free public forum designed to allow members of the general public to ask participating lawyers general legal questions. If you want to retain a helpful lawyer, pro bono or otherwise, you should use the “Find A Lawyer” tab at... Read more »

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1 Answer | Asked in Child Custody, Divorce, Family Law and Legal Malpractice for Massachusetts on

Q: Can I legally read a sealed court case if my mother has a copy of the case and grants me permission?

As a child I was part of a very intense custody battle. The case has since been sealed but my mother has a copy. Can I legally read the documents If I’m given permission by my mother to read the documents she possesses and the case pertains to me?

Lillian J. LaRosa answered on Jul 24, 2019

Was there an impoundment order? The parties and their counsel

would have access to information in the file. The file is not public

so there should be no dissemination of the contents without a

vacating of the impoundment order. So if you have concerns then

you should...
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1 Answer | Asked in Contracts, Employment Law and Employment Discrimination for Massachusetts on

Q: Can a job that already offered me a position (signed offer letter) take back their offer due to my medical condition?

As part of the job I was required to get a medical evaluation before starting, it involved me disclosing any medical conditions I have and some blood work. My blood work came back great, but I have a herniated lumbar disc. Can a job take back their offer, even though I had already signed everything... Read more »

Bruce Alexander Minnick answered on Jul 22, 2019

In addition to certain federal agencies that may be able to help you, every state has its own set of employment laws, some of which may cover your particular situation. Contact an employment lawyer near you.

1 Answer | Asked in Child Custody for Massachusetts on

Q: In a custody case, can opposing counsel interview a minor child

Lillian J. LaRosa answered on Jul 22, 2019

The investigation should be done by a guardian ad litem appointed by the Court or a Probate Court Probation officer. Therefore, your counsel should bring forward a Motion for same.

1 Answer | Asked in Divorce for Massachusetts on

Q: Separation agrt finalized Sept 2015. Spouse has did not retire at 70. Can ex ask for said retirement monies

Lillian J. LaRosa answered on Jul 22, 2019

Hello, this would involve a reading of your separation agreement in the context of the recent cases and should be addressed with your divorce attorney as 4 years ago the spouse's retirement or not should have been contemplated.

2 Answers | Asked in Tax Law for Massachusetts on

Q: Hello. I need to write a letter of Compromise to IRS. I owe around $36K and want to know if I can offer to pay nothing

I don't work, have a CORI, no assets i.e. real estate, 401K or pension. Have an Autistic son and a wife. We live with our parents so they support us. My Net Worth is at ( -36,000 plus I'm on the hook for another $70K that company is suing me for equipment I bought and the machines all broke down... Read more »

Linda Simmons Campbell answered on Jul 21, 2019

An Offer in Compromise is not submitted via a letter. You have to fill out a financial statement and submit supporting documentation for your expenses, as well as Form 656. Without more details we cannot tell you if you are eligible or not. You can try submitting an Offer on your own, hire an... Read more »

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1 Answer | Asked in Child Custody, Child Support, Criminal Law and Family Law for Massachusetts on

Q: Mother tells father of unborn child (3.5 months) to pay hotel bill until baby is born or he can’t see child. Extortion?

(Mass General law Chapter 265, Section 25 governs extortion.) ... Extortion is a criminal offense whereby an individual obtains property or money by any type of force and threats of 1) violence, 2) property damage, 3) harm to reputation, or 4) unfavorable government action.

Mother is... Read more »

Lillian J. LaRosa answered on Jul 18, 2019

Putative father should rather than get into the nuances of whether there may be a criminal proceeding instead bring forward a Paternity action in the Probate Court where the child is born/living to establish paternity and seek visitation as well as child support orders.

1 Answer | Asked in Contracts for Massachusetts on

Q: How long are waivers of liability good for?

Bruce Alexander Minnick answered on Jul 16, 2019

Waivers of liability for what?

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