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Massachusetts Questions & Answers
1 Answer | Asked in Consumer Law, Small Claims and Contracts for Massachusetts on
Q: Is this situation considered "charging for services not provided" under Consumer Protection Chapter 93a?

I purchased a "package" of 10 day school classes for my dog with a dog training company. After using 6 of those classes I was fired as a client without discussion or reason. The company is refusing the refund me for the remaining 4 classes. Since I was already charged for these classes... View More

Christopher Tolley
Christopher Tolley
answered on Jul 21, 2023

You should consult the terms of the contract with the dog training company. That should outline what your rights and responsibilities are. If you feel your termination was an unfair and deceptive act or practice, and you are entitled to a refund, prepare a demand letter under G.L. c. 93A. For... View More

1 Answer | Asked in Child Support, Family Law and Public Benefits for Massachusetts on
Q: Hi. Can you receive child support if parent is on social security disability?
T. Augustus Claus
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answered on Jul 19, 2023

When it comes to child support, the fact that a parent is receiving Social Security disability benefits does not automatically exempt them from their obligation to pay child support. Child support is typically determined based on various factors, such as the needs of the child and the income and... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Massachusetts on
Q: If a court order (family law) has been filed and served and no court date has been assigned yet due to back up in courts

Parents of children unmarried split. father went to court to establish custody and parenting time as the mother is trying to dictate how and when he can see the them. So far a docket # assigned but the court date is in process. (custody/parenting time). mother is keeping kids from father because he... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 18, 2023

Your question is confusing-Did you file a Petition? Or did the Court enter Orders? If there is a violation of a Court Order there can be a Contempt Complaint filed and served to address the violation. If a Petition or Complaint was filed by you ,then you would need to have it served upon the... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: I am a homeowner living in Marlborough, MA in Middlesex County . My parents(now both deceased) bought the home in 1965.

In 1994 we had a detached garage built on our property. Our new neighbors told me they were going to have their property surveyed. They did, and according to their surveyors, a corner of our garage is encroaching their property by one foot. Nothing further has developed either by them or by me. My... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 13, 2023

To claim adverse possession you would need an adjudication of same from the Land Court and should involve real estate counsel in order for good title to your property to be passed, unless you want to adhere to the official meter and bounds as stated in the Deed and remove the garage or offending... View More

1 Answer | Asked in Family Law and Elder Law for Massachusetts on
Q: Good afternoon, What is the caretaker child exemption law in Massachusetts and how do I qualify for this? thank you

My mom is 92 years old and she is living with me right now as her home is being repaired. I have been taking care of her since 2/2023 when my dad passed away. How can a person qualify for the caretaker child exemption law?

Thank you

Michael M Marques
Michael M Marques
answered on Jul 12, 2023

The Caregiver Child Exemption generally enables an elderly individual to transfer their home to their adult child without violating Medicaid's Look Back 60-month period on asset transfers. Under 130 CMR 520.019(D)(6)(d), a transfer of a former principal residence by a nursing home resident to... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: Does Massachusetts define Protected Concerted Activity for private sector employees?

Massachusetts has MGL that defines Protected Concerted Activity for Public Employees, but there is no mention of private sector employees. Are there laws that protect private sector employees in Massachusetts? Or is the only private sector protection at the Federal level(NLRB)?

Maurice Mandel II
Maurice Mandel II
answered on Jul 10, 2023

Usually this type of law addresses protection from GOVERNMENT ACTION based on assertion of constitutional rights, or it could be UNION action. (NLRB) If you are a public sector employee, your employer is the government, which is why they have these laws. For private sector employees, the employer... View More

1 Answer | Asked in Probate for Massachusetts on
Q: Grandfather passed last year. No will has been filed in probate.

My parent has not been able to see the will of her father. He passed away over a year ago. Grandfather told me I have an inheritance as does my parent (his child). Now that he has passed, I am worried his other children, or his living widow; have taken our portion of the inheritance. We contacted... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 10, 2023

Was grandfather a Massachusetts resident at his death? Assuming so, and that he died intestate, the widow ( sounds like she is not your mother's mother) and your Mom and your Mom's siblings are heirs. There is a process to pursue to commence an intestate estate and since it seems that... View More

2 Answers | Asked in Business Law and Contracts for Massachusetts on
Q: If a business receives an overpayment on an invoice, can we apply the overpayment to a different outstanding invoice?

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

William J. Amann
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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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2 Answers | Asked in Business Law and Contracts for Massachusetts on
Q: If a business receives an overpayment on an invoice, can we apply the overpayment to a different outstanding invoice?

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

Tim Akpinar
Tim Akpinar
answered on Jul 19, 2023

It could depend on the terms of the contract (and subject to state law). The safest approach could be to disclose the error and ask the client if they would like it applied to their outstanding invoice, thereby avoiding any accusations of questionable bookkeeping practices. Your rights to recover... View More

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Massachusetts on
Q: Can I create a company called “Robin-Hood loans” or Robin-hood Funding”? What about RobbinHood or Robbin-Hood with two B

I had a trademark question. With the investment company RobinHood owning the trademark name of Robinhood.

Eric Estadt
Eric Estadt
answered on Jul 6, 2023

I recommend against creating a company in the financial industry with any name that is similar looking or sounding to RobinHood. That is likely to invite a cease and desist letter, lawsuit, or other legal action against you. Even if the risk was low, do you really want your brand to have such a... View More

2 Answers | Asked in Employment Law for Massachusetts on
Q: My boss/the owner of the restaurant I worked at slapped my hand out of frustration. What are my options?

I recently got a new job at a small business pizza place. The owner of the establishment was also my boss/supervisor, whathaveyou. He was training me and I accidentally messed up a customer's order. He struck my hand out of frustration and walked away after muttering something to me about not... View More

John Michael Frick
John Michael Frick
answered on Jul 5, 2023

Unless the slap was hard enough to seriously injure you, I think you've done the best thing that you could do in quitting. One of the benefits of the employment-at-will doctrine is that you are not legally beholden to your employer and can quit for any reason at any time. While it may be... View More

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2 Answers | Asked in Employment Law for Massachusetts on
Q: My boss/the owner of the restaurant I worked at slapped my hand out of frustration. What are my options?

I recently got a new job at a small business pizza place. The owner of the establishment was also my boss/supervisor, whathaveyou. He was training me and I accidentally messed up a customer's order. He struck my hand out of frustration and walked away after muttering something to me about not... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

I agree with Mr. Frick: you also have the option of filing a small claims lawsuit against the manager for battery. You don't have to have medical expenses to get emotional distress damages, and a physical assault like this is outside the worker's comp system. I recommend you contact... View More

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2 Answers | Asked in Legal Malpractice for Massachusetts on
Q: In legal malpractice cases is it typical for 8 attorneys to withdraw from representing the defendant attorneys.

I'm pro se litigant. Legal malpractice.

8 attorneys have withdrawn from representing the lawyers. What could this mean?

Thank you

John Michael Frick
John Michael Frick
answered on Jul 5, 2023

It can also mean that the defendant attorneys have a malpractice insurance carrier that is difficult to work with or that doesn't timely pay the attorneys it hires to represent the defendant attorneys. In my professional experience, the number one reason why attorneys defending a case... View More

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1 Answer | Asked in Criminal Law for Massachusetts on
Q: Under Massachusetts law, what is the difference between lewd, wanton and lascivious and open and gross lewdness?
Joseph B. Simons
Joseph B. Simons
answered on Jun 28, 2023

For Open And Gross Lewdness And Lascivious Behavior, the prosecutor has to prove the following elements:

First: That the defendant exposed his (her) (genitals) (buttocks) (or) (female breasts) to one or more persons;

Second: That the defendant did so intentionally;

Third:...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Massachusetts on
Q: will the name 'milky way electric' cause any copyright infringement on milkyway the chocolate bar company?
Eugene Vamos
Eugene Vamos
answered on Jun 28, 2023

It depends on the context of your proposed usage. The words "Milky Way Electric" can not be copyrighted, but they can probably be used in a trademark, that is, associate it with a good/service. You will have to seek out a trademark attorney to guide you on the specific areas of... View More

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: I want to go back to my country and take my daughter but my husband won’t let me, or sign for it, what should I do

My mother is sick I want to go back but he refuses to sign to let me return with our daughter, what should I do in legal terms

John Michael Frick
John Michael Frick
answered on Jun 26, 2023

You may be able to petition the court for a divorce and secure the right to take your daughter with you to another nation temporarily. The court's primary concern will be evidence that you will return your daughter promptly to the United States where her father resides after visiting your... View More

1 Answer | Asked in Estate Planning and Probate for Massachusetts on
Q: Good day, staff: A question regarding objections, please?

I'm executor for mom's estate. LENGTHY and ASCERBIC going all the way.

If the six objectors (also heirs) contest the final estate accounting and it goes to another level, who is responsible for any probate or legal fees? Does it cost the objectors or does any cost come from the... View More

Michael M Marques
Michael M Marques
answered on Jun 25, 2023

First, the interested parties must allege sufficient legal grounds to challenge the will. Sufficient grounds may include a) undue influence; b) lack of capacity; c) fraud; or d) improper execution. If those elements are met, a petition can be filed to formally contest the will. The interested... View More

1 Answer | Asked in Estate Planning for Massachusetts on
Q: I need to remove the backup name I put down in my POA in case my daughter is incapacitated. can I cross it out?

I have to remove the name of my alternate POA because she no longer could perform that duty, and I don't understand why that requires a $500 fee. If I scratch out the name and have a witness sign it, why would this be a problem?

Michael M Marques
Michael M Marques
answered on Jun 23, 2023

Since the power of attorney document presumably specified, by its terms, how the power of attorney and backup power of attorney would take responsibility, crossing out a name would appear to change the terms of the document. This may raise questions as to your specific intent. Clarity is key in... View More

1 Answer | Asked in Estate Planning for Massachusetts on
Q: I would like to know what the correct process is to transfer my house under my son. ? or the best way to do it?
Michael M Marques
Michael M Marques
answered on Jun 22, 2023

There are a few questions you need to ask yourself first. a) Do you wish to retain control over your home and the right to live in it? b) How will your estate tax amounts change with each option? c) What capital gain taxes may your son have to deal with? d) Do you wish for your son to avoid... View More

1 Answer | Asked in Divorce, Estate Planning and Real Estate Law for Massachusetts on
Q: Does a trust protect my home purchased before marriage if I am to get divorced?
Michael M Marques
Michael M Marques
answered on Jun 21, 2023

There are a couple of factors to review. a) Was the home placed in a trust prior to or after the marriage? b) Is the trust revocable or irrevocable? c) Whose benefit was the trust intended for? Until recently, trusts were seen as assets when a court decided how assets were to be distributed upon... View More

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