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Massachusetts Questions & Answers
1 Answer | Asked in Family Law for Massachusetts on
Q: In Massachusetts, what powers to enforce the orders does a judge have on family related issues?

There is an order concerning visitations (drop offs and pick ups) for a non custodial parent. The custodial parent doesn't obey the order and the non-custodial parent files for contempt. The judge find the defendant (custodial parent) guilty. The custodial parent still disregards the order.... Read more »

Brian Waller
Brian Waller answered on Feb 3, 2020

In this situation, the judge could again find the custodial parent in contempt with some more severe consequences. That could be anything from awarding you attorney's fees (if you have an attorney) to ordering that you have additional parenting time.

It depends what you are seeking the...
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1 Answer | Asked in Probate for Massachusetts on
Q: 2 brothers are named as joint executors of a will but can't work together.the deceased lawyer filed probate without

either one's knowledge stating her client is deceased and so she filed the original will with probate. What happens next?

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 3, 2020

Your question is a bit confusing- did the Petition name you 2 brothers as co- Petitioners /co-Personal Representatives or just a Petition seeking some neutral to be appointed? If a Formal Petition for Probate of Will has been filed and you and brother have not Assented to same then you can file an... Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: In Massachusetts can my wife find out if I have a safe deposit box in a bank?
Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 3, 2020

If there is a Divorce petition or Complaint you will still need to make a full disclosure of income and assets and indebtedness .

1 Answer | Asked in Probate for Massachusetts on
Q: How do you probate a will
Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 3, 2020

Each state has different laws governing the appropriate procedure. If it is Massachusetts where the decedent resided and you are the named Personal Representative in the Will , formerly called "Executor" and no one who is a devisee under the Will or an heir is incapacitated due to disability or... Read more »

2 Answers | Asked in Divorce and Tax Law for Massachusetts on
Q: Our MA divorce court date was 11-30. Can we file taxes as single?

One lawyer says that due to the nisi period, we have to file married or married/separately. The other and my ex's tax guy says we file single. Which is correct?

D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 1, 2020

Your marital Status is determined as of year end. If you're divorce was finalized by the issuance of a decree on 11.30.19 you would file Single for the year assuming no dependents and you did not remarry prior to the end of the year (yes, I've seen it).

Don't take tax advice from a lawyer...
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1 Answer | Asked in Personal Injury for Massachusetts on
Q: what does it mean to have a lean in a case insurance mass health Medicare or Medicaid

The party has made me offer of 22,000.00 medical bills are 30,000.00 my lawyers say there waiting my medical records for Medicare they have the lean will I get paid

Tim Akpinar
Tim Akpinar answered on Jan 31, 2020

Your own attorney could explain this best to you under any applicable provisions of Massachusetts law, but your question remains open for two weeks. A lien means the entity that provided you with something (here it was medical services covered by the government) wants its money back. The general... Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: In Mass there is a 90 Nisi before a divorce is final. Can one marry another country before the nisi is permanent?

Basically, can one get married out of Massachusetts if the Nisi is not permanent in Massachusetts.

And if a marriage did take place & it is not considered legal, is there any legal documentation to provide stating such a fact for yes or no?

Lillian J. LaRosa
Lillian J. LaRosa answered on Jan 31, 2020

First of all there is a 90 day nisi period following a divorce judgment, so that if there was a 1A Joint Petition approved by the Court and not a 1B Complaint for Divorce, there would be an additional 30 days from the approval order before the Divorce becomes absolute. When the divorce is absolute... Read more »

1 Answer | Asked in Immigration Law for Massachusetts on
Q: I am a gay male living in MA... I would like to know how to get my fiance here from Ghana to marry and live here.

We have been communicating for 7 years via facebook, skype, and phone calls Daily.

Stephen Arnold Black
Stephen Arnold Black answered on Jan 30, 2020

You can sponsor him for his fiancé visa but you must show that you have physically met him within two years of filing. There are other options that you can explore. Discuss with counsel anywhere in the USA.

1 Answer | Asked in Contracts, Criminal Law, Real Estate Law and Landlord - Tenant for Massachusetts on
Q: A new const. apt. has been pushed back 7x's totalling 6+months. We have no more timeshare points and are nearly homeless

Multiple leases signed over the course of this fiasco. Is there any way to sue for reimbursement for timeshare being exhausted, multiple hotel and resort stays plus the mental pain and suffering from all of this?

Michael Hales
Michael Hales answered on Jan 30, 2020

I would need more information to give an answer. I've worked with most timeshare companies, but I'm not entirely sure what happened. It's possible there's a breach of contract claim, but that would largely depend on the agreement and additional facts I don't have. Feel free to reach out if you'd... Read more »

1 Answer | Asked in Medical Malpractice for Massachusetts on
Q: Missed preeclampsia diagnosis, stillbirth, and eclampsia, do I have a case?

I experienced swollen feet before my fifth month of pregnancy, with a documented history of preeclampsia in my family (mother). I was never treated for it through my entire pregnancy. With receiving only one sonogram at around 12 weeks and no other during my entire pregnancy. At 27 weeks, I go in... Read more »

Michael O. Smith
Michael O. Smith answered on Jan 29, 2020

I am sorry to hear about your unfortunate medical situation. In order to have a medical malpractice claim, you will need to show the doctors or medical staff deviated from the standard level of medical care in your area and that deviation caused your medical conditions. You will need to have... Read more »

1 Answer | Asked in Consumer Law and Collections for Massachusetts on
Q: Judgement against me from 2007 for credit card debt.

Had no idea I had this against me, my husband use to take care of our finances and now he is deceased. A collection agency wants $7400 for a $2900 judgement. What can I do? Would like to clear this up but don't have $7000.

Christopher Tolley
Christopher Tolley answered on Jan 29, 2020

If you want to respond aggressively, go into the court and file a motion to have the judgment vacated because did not receive notice of the case in 2007 (if that is true).

If you are willing and able to pay, tell the collection agency what you said above, that your husband handled your...
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2 Answers | Asked in Criminal Law for Massachusetts on
Q: Owe a Limo Bill owner says if not paid today he will go to the police? Isnt this a civil matter?
Lissa McKinney
Lissa McKinney answered on Jan 21, 2020

It is both technically speaking. The larceny statute covers many kinds of thefy, including larceny by fraud, trick, deceit etc. If this is a straightforward failure to pay the police might treat it as civil and defer it. The limo owner can still try to obtain a criminal compliant, but you would... Read more »

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2 Answers | Asked in Personal Injury and Real Estate Law for Massachusetts on
Q: I fell through the broken staircase in Nov 2017 at my Fiancée’s rented apartment. Do I have a case?

at my Fiancée's rented apartment in November 2017. One of the back stairs on which I was standing suddenly broke and I fell through it on the floor below. We Immediately called an UBER and rushed to emergency room. I had injuries on my legs, back, stomach sides and arms. Plus, it is causing me... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jan 21, 2020

Hello, This is not a real estate case but a personal injury premises liability case.

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1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: A friend of mine stole my service dog what can I do to get him back?

I live in Auburn Massachusetts if that helps in any way

Joanne Belasco
Joanne Belasco answered on Jan 19, 2020

I can't speak to your specific issue unless you are a client. Generally speaking, under Massachusetts law, a dog is considered property. Several options exist when someone takes property. One option is to file a police report. If the police will not handle the matter, then you may need to consult... Read more »

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: If someone sells their dog to someone who is taking great care of him can the seller legally take the dog back?

During the 2.5 months that I have had this dog I have taken him to the vet to be brought up to date on his vaccinations and to be be neutered. He had never been to the vet with the person who sold him.

Joanne Belasco
Joanne Belasco answered on Jan 17, 2020

Under Massachusetts law, a dog is considered property. So, as awful as it sounds, think of the sale as you would the sale of something like a car or a boat. Generally speaking, a seller cannot take back property once it is sold. I say generally because each case turns on the facts. If there was... Read more »

1 Answer | Asked in Family Law and Probate for Massachusetts on
Q: Who picks up and drops off and where will visits take place if not specified in the court order
Lillian J. LaRosa
Lillian J. LaRosa answered on Jan 16, 2020

If this is a Massachusetts case, then the usual is for the parent having visitation to pick up and drop off the child and visitation is not in the home of the child and other parent. However, there can be a wide variety of limitations and exceptions depending upon the parties' circumstances. You... Read more »

1 Answer | Asked in Collections for Massachusetts on
Q: Plaintiff has filed a voluntary dismissal without prejudice. Can I file an objection?
Christopher Tolley
Christopher Tolley answered on Jan 13, 2020

If your objection is that the dismissal is without prejudice I do not think a judge will allow it. A dismissal with prejudice is an adjudication on the merits. Judges are reluctant to dismiss with prejudice when there has been no engagement on the issues of the case. (I assume the case has not... Read more »

3 Answers | Asked in Immigration Law for Massachusetts on
Q: Hello, I want to bring my fiancé of 2 years from Ethiopia to Boston so we can get married and would like so assistance.

I've known her since 2011 and have visited her and her family many times. We have been engaged for 2 years and I want her to come to Boston so we can get married and I want her to stay with me in Boston. What is the best way to get this done?

Ms Grace I Gardiner
Ms Grace I Gardiner answered on Jan 13, 2020

You can file a fiancé visa and once she arrives you can get married within 90 days and then apply for the green card

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1 Answer | Asked in Criminal Law for Massachusetts on
Q: I suspect that my sister is being molested by her stepfather, she has told me that he tries to touch her private areas

How can I report the guy cause I fear for my sister's safety and my mom won't believe my sister

Lissa McKinney
Lissa McKinney answered on Jan 12, 2020

You can alert any mandatory reporter, who is obliged to notify DCF and/or the police. That includes doctors, nurses, teachers, daycare workers, therapists of any kind, social workers, and many more. However, if this happens they may ask your sister and depending on her age the directness may make... Read more »

1 Answer | Asked in Probate for Massachusetts on
Q: How does a 69Y/O validate the change in name at the court in PR

My client needs a new birth certificate from PR. She changed her name in 1987 due to domestic violence. to get a new certificate she 'needs to validate' her name change. How does she do that?

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

Sounds like she needs a certified copy of the Name Change Judgment from the Court of issuance. There is probably a fee for same. Potentially there may need to be an English translation from a Court certified translator.

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