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2 Answers | Asked in Estate Planning for Massachusetts on
Q: Is Trustee of estate responsible for very poorly packaged figurines of some value that arrived broken to a beneficiary?

I received multiple figurines from FedEx ( I doubt the shipment was insured) as part of a Trust distribution shipped from CA to MA. It's quite obvious that the largest figurine was not packaged properly-wrong size box, minimal packaging. Also enclosed was a letter from the Trustee to be signed... View More

Phil A. Taylor
Phil A. Taylor
answered on Jan 15, 2024

A trustee has a fiduciary obligation to the beneficiaries of a trust and should act at least in a reasonably prudent manner. Be sure to save ALL of the packing materials, etc. and take pictures. Notify the trustee of the issue and ask about the insurance details for the shipment. In my opinion,... View More

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2 Answers | Asked in Estate Planning for Massachusetts on
Q: Is Trustee of estate responsible for very poorly packaged figurines of some value that arrived broken to a beneficiary?

I received multiple figurines from FedEx ( I doubt the shipment was insured) as part of a Trust distribution shipped from CA to MA. It's quite obvious that the largest figurine was not packaged properly-wrong size box, minimal packaging. Also enclosed was a letter from the Trustee to be signed... View More

James L. Arrasmith
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answered on Jan 15, 2024

In situations where a trustee is responsible for distributing assets from an estate, they generally have a duty to act with reasonable care and prudence. If the figurines were part of the trust distribution and they arrived damaged due to poor packaging, the trustee might be considered negligent in... View More

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2 Answers | Asked in Real Estate Law and Probate for Massachusetts on
Q: I am in Massachusetts and want to sell my half of real property inherited to my sister. But for her to do that I need

to hold the mortgage until interest rates come down. Is a mortgage deed the best way to do this?

Phil A. Taylor
Phil A. Taylor
answered on Jan 15, 2024

Your question is not clear. Generally, two persons cannot be forces to hold title to real property together. When one wants to sell, and the other does, not a Petition to Partition is filed and the court will then appoint a commissioner either divide the land, if possible to do so, or to sell the... View More

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1 Answer | Asked in Civil Litigation for Massachusetts on
Q: I needed the services of a lawyer in April 2018. I met with the lawyer, had about 2 shorts phone consultations too.

He told me it will cost $1000. He represented me in court and I paid him cash the same day. He didn’t give me a receipt. He recently merged with another law firm and today I received a bill for $1000. This bill came after nearly 6 years! What now, I paid him cash and he did not give me a receipt... View More

James L. Arrasmith
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answered on Jan 13, 2024

In a situation like this, it's important to first gather any evidence you have of the payment, such as bank withdrawal records around the time of the payment. Although you don't have a receipt, this evidence might help establish that you made the payment.

Next, reach out to the...
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1 Answer | Asked in Employment Law and Immigration Law for Massachusetts on
Q: What does it mean to volunteer for a professional benefit under f1?

I am currently on a F1 visa studying data science and thinking of voluntering at a Chinese American Museum. Although the volunteer role would be unrelated to my studies, I did a lot of undergrad research and publishing on Chinese culture while in my home country (UK). The role would be purely... View More

James L. Arrasmith
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answered on Jan 11, 2024

Volunteering in the United States while on an F1 visa can be a great opportunity to engage with the community and gain new experiences. However, it's important to understand the regulations surrounding such activities to ensure compliance with your visa status.

In your case,...
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1 Answer | Asked in Civil Rights and Landlord - Tenant for Massachusetts on
Q: I'm 64 homebound and disabled trying for 2 years to get hel raft is helping me but my landlord will not comply

I'll contact you attorney general's office fair housing section 8 do not give me an extension on my voucher I don't know why I had a ceiling falling in my head give me a permanent brain infection with no cure because the section 8 inspector refused to put that down on an item to be... View More

James L. Arrasmith
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answered on Jan 10, 2024

Your situation sounds incredibly challenging and it's clear you've faced numerous obstacles in securing your housing rights. As a homebound and disabled individual, you are entitled to certain protections and accommodations under both federal and state laws, including the Fair Housing... View More

1 Answer | Asked in Insurance Bad Faith for Massachusetts on
Q: Insurance Agency trying to backdate a coverage change without permission so they don’t have to pay a claim.

Filed a flood claim a week before Christmas. Our policy was written by the agent with an Elevated-with-Enclosure Foundation and confirmed our basement type carries $100,000 of contents coverage.

We met with the cat. adjuster who off the record told us the agent had our policy written with... View More

Tim Akpinar
Tim Akpinar
answered on Jan 10, 2024

A Massachusetts attorney could advise best, but your question remains open for a week. The private adjustor gave you good advice. An attorney may want to review your matter in detail, in terms of the underwriting error and the confusion in coverage it created, and what your best and most... View More

1 Answer | Asked in Civil Rights and Cannabis & Marijuana Law for Massachusetts on
Q: Can the police hold phone as evidence even after all charges were dismissed?

Recently arrested for distribution of class c and d drugs (cannabis concentrate, cannabis flower). Lead investigator took phone as evidence. Charges were dropped the next day as it was first offense. Now all belongings were returned except for phone. Lead detective says they can’t give phone back... View More

James L. Arrasmith
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answered on Jan 10, 2024

In the United States, law enforcement can retain personal property, including a phone, as evidence even if charges are dismissed. This is often due to ongoing investigations where your phone might contain relevant information. However, this retention must be reasonable and justified.

If you...
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1 Answer | Asked in Employment Law for Massachusetts on
Q: is a training repayment agreement enforceable if one does not attend the training?
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answered on Jan 10, 2024

In the United States, a training repayment agreement is typically enforceable if both parties have voluntarily entered into a legally binding contract. If you sign such an agreement and fail to attend the training or fulfill the terms and conditions outlined in the contract, you may be subject to... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: is a training repayment agreement enforceable if one does not attend the training?
T. Augustus Claus
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answered on Jan 10, 2024

The enforceability of a training repayment agreement in Massachusetts depends on the specific terms outlined in the agreement and applicable state laws. Generally, these agreements are legal and enforceable if they are reasonable, fair, and not overly restrictive. However, if an individual does not... View More

2 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Massachusetts on
Q: My siblings and I recently inherited our parents’ house after they died. One of my brothers wants to purchase the house.

If the house is appraised at $450,000, does my brother pay me and my other sibling ⅓ each ($150,000) or ½ each ($225,000)? Since he will be owning the house and could turn around and sell it at any time, does he also get a portion (1/3) of its value? Is that getting two bites of the proverbial... View More

Phil A. Taylor
Phil A. Taylor
answered on Jan 15, 2024

If you and your siblings each now own a 1/3 interest in the property and one sibling wants to purchase your interest and the interest of the other sibling, then the sibling would pay 2/3 of the fair market value (give or take depending on how the other costs, savings are addressed). The sibling... View More

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2 Answers | Asked in Family Law, Immigration Law, Personal Injury and Domestic Violence for Massachusetts on
Q: Greetings. My name is Mikael 34 years old.I've been victim of domestic violence. Can i file for citizenship?

We've been in a relationship for almost 5 years I have videos of the abuse and after we break up she and her brother stated that if i ever go back to my country they will get me killed.

James L. Arrasmith
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answered on Jan 8, 2024

Mikael, I'm sorry to hear about your situation. Experiencing domestic violence is a serious matter, and it's important to know that there are legal protections available to you.

Regarding your citizenship query, being a victim of domestic violence does not automatically qualify...
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1 Answer | Asked in Criminal Law and Civil Rights for Massachusetts on
Q: how do I go about suing a grocery store who wrongfully accused me of shoplifting?

I checked out my groceries at a self-checkout lane, paid for Everything, got my receipt.Didn’t leave right away.I sat down in the cafe area of the store and ate something that I paid for,while I waited for my Uber.When the Uber was 1 min. away.I took my receipt out of my pocket like I always... View More

James L. Arrasmith
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answered on Jan 6, 2024

To pursue a lawsuit against a grocery store for wrongful accusation of shoplifting, you should first gather all evidence that supports your claim, including your receipt, any witness statements, and the details of the interaction with the loss prevention officer and the police. It's also... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Massachusetts on
Q: Can I have assistance in removing all unauthorized fan games from the community?

As you may be aware, popular franchises can bring forth the desire to create fan games. However, there is one problem that should be brought up to attention. One of these franchises, the Pokémon franchise, is owned by a company whose policy is to decline ALL usage of their copyrights and... View More

James L. Arrasmith
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answered on Jan 5, 2024

Addressing unauthorized use of copyrighted material, such as fan games based on the Pokémon franchise, is a legitimate concern for copyright holders. If you are representing the rights of the company owning the franchise, you have the legal ground to take action against copyright infringement.... View More

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: Divorce vs anullment?

Me and My partner both agree to file for an anullment. We meet one of the criterias that is required for filing anullment. There are no kids involved,, we only been married for 3 months. We both have no property and no assets nothing to share. How long will it take for us to get an anullment? Will... View More

T. Augustus Claus
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answered on Jan 1, 2024

Annulment and divorce are legal processes that address the end of a marriage. An annulment is a legal declaration that a marriage is considered void or never valid from the beginning. In your case, if you meet the criteria for annulment and both parties agree, it might be a viable option.... View More

2 Answers | Asked in Immigration Law for Massachusetts on
Q: Can I add spouse after applied IVP? The IVP is still pending

My fiancé applied for eb2 niw and the I-140 has been approved. Although he is in the United States, he submitted an Immigration visa proceeding (ivp) application through Consular in December 2023. We plan to get married in the United States in the next few months. Since we Coming from different... View More

James L. Arrasmith
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answered on Dec 30, 2023

If your fiancé has an approved I-140 under the EB-2 NIW (National Interest Waiver) category and has filed for an Immigration Visa Proceeding (IVP) through consular processing, there are options for you to apply for a green card after getting married.

Once you are married, you can be added...
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1 Answer | Asked in Criminal Law and Juvenile Law for Massachusetts on
Q: im on probation, im 16 in Massachusetts. my mother treats me bad can i move in with my friend over 18

none

James L. Arrasmith
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answered on Dec 25, 2023

In Massachusetts, while you're on probation at the age of 16, you generally cannot simply move out of your parent or guardian's home without their consent. Your legal guardian, in this case, your mother, has the authority to make decisions about your residence and care. If you're... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Massachusetts on
Q: Do I need a gun license to purchase a blank gun in the state of Massachusetts?
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answered on Dec 23, 2023

In Massachusetts, the laws regarding the purchase and possession of blank guns (also known as starter pistols or prop guns) can be somewhat complex. Generally, blank guns are not considered firearms under state law because they cannot discharge a projectile. However, the appearance and... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: How to go about taking EX off property, he refused to make mortgage payments for the past 6 years.

I own a home together with my EX partner in Massachusetts who I have a permanent restraining order against, we were never married. We have minor children together. I have been the only one making payments for our mortgage for over 6 years because my EX refused to pay any mortgage payments for 6... View More

James L. Arrasmith
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answered on Dec 19, 2023

In Massachusetts, removing an ex-partner's name from a property title, especially when there are disagreements, can be complex. Since both of you jointly own the home, both parties must agree to any changes in ownership or refinancing. If your ex is not cooperating, you might need to take... View More

1 Answer | Asked in Securities Law for Massachusetts on
Q: My advisor assured me that I would receive my funds within 3 Bus. days for a closing, did not get funds for 7 Bus. days?

In July I spoke to my financial advisor about money I rec'd from an inheritance and I told him that I wasn't sure what to do as I was looking for a vacation home and would need it immediately should I find something. I did not ask the type of account he was putting it in as I trusted... View More

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answered on Dec 15, 2023

In your situation, it appears that there may have been a failure on the part of your financial advisor to meet the expectations set for the management of your inheritance funds. The delay in accessing your funds and the resultant financial loss are concerning, especially given your clear... View More

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