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Massachusetts Questions & Answers
2 Answers | Asked in Business Law and Gov & Administrative Law for Massachusetts on
Q: If I have over a million dollars in dram insurance (Massachusetts) for my LLC, how likely is someone to come after me

I am planning to open a traveling bartender service (parties, work functions, [eventually] weddings) as a side gig. However, I want to make sure that I am covered in case someone drives drunk and causes an accident. I will carry event/dram insurance specific for such events for well over a million... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 8, 2024

The person who posted this question is quite wise. To think ahead; to plan for the possible. Kudos.

As to the amount of liability insurance, there are several things to consider. First, what are your personal assets? You should have enough insurance that your assets are protected....
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2 Answers | Asked in Immigration Law for Massachusetts on
Q: If my wife moves to H1B from H4, can I still apply I-485 AOS for her with my green card application?

My employer has applied for PERM. But given the long time, it is taking, it will be a year at least till I get to the I-485 stage.

James L. Arrasmith
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answered on Feb 22, 2024

If your wife transitions from H4 to H1B status, you may still be able to apply for her Adjustment of Status (I-485) based on your green card application. However, it's important to consider the timing and coordination of both processes. If your wife's H1B status is approved before you... View More

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1 Answer | Asked in Banking for Massachusetts on
Q: i just received an email threating legal actions for a debt, i believe it is a scam just wanted to confirm?
James L. Arrasmith
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answered on Feb 5, 2024

Yes, an email threatening legal action over a debt could very likely be a scam. Here are some tips on how to confirm:

- Verify the debt - Do you have any prior official documentation or validation of this specific debt? If not, it's likely not legitimate.

- Check email details...
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Q: What are the implications of operationalizing the US patent in a different country?

I can't find an interested and reliable party in US to act as 1) investors 2) manufacturers 3) medical administrators

However, I might be able find all this partnership in a different country.

What should be done from the legal stand point to:

1) protect this invention... View More

James L. Arrasmith
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answered on Feb 4, 2024

To protect your invention, which is patented in the United States, when operationalizing it in another country, it's important to secure patent protection in those specific countries where you intend to manufacture, sell, or otherwise commercialize your invention. Patents are territorial,... View More

1 Answer | Asked in Estate Planning and Probate for Massachusetts on
Q: I lived with my partner, for over three years ,he came down. with stage 4 cancer . can I go after the estate .

my partner wanted me to have money to move on when he passed ,he left instructions with his only son to take care of me i had 3 months to move out ,which i did. know he want honor his fathers wishes ,he dyed in my arms in his home like he wanted and I have no closer ,can I go after his estate ,I... View More

T. Augustus Claus
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answered on Feb 2, 2024

In Massachusetts, if you were in a committed relationship with your partner for over three years and he expressed his intention for you to be taken care of after his passing, you may have legal grounds to pursue a claim against his estate. However, the success of such a claim would depend on... View More

Q: During a non investigatory inventory search, post arrest, officers seized the keys to my vehicle without consent.

There was no exigent circumstances or probable cause and this "inventory search" turned investigatory when they decided to use the keys that bore no relationship to which the crime I was being arrested for to unlock a locked glove box, violating policy, because the keys were not available... View More

James L. Arrasmith
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answered on Feb 1, 2024

In your situation, it appears that you have raised valid concerns about the legality of the search and seizure conducted by law enforcement officers. The key issue is whether the inventory search conducted post-arrest exceeded its lawful scope and became investigatory in nature.

Inventory...
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1 Answer | Asked in Copyright and Intellectual Property for Massachusetts on
Q: If I have the literary copyright for bla bla, could I use bla bla for a different copyright?

I want to use the name across multiple copyrights. Am I allowed to do that?

James L. Arrasmith
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answered on Feb 1, 2024

If you hold a literary copyright for a specific work, such as a book, article, or other creative content identified as "bla bla," it generally pertains to that particular work and its use. Copyright protection is specific to the creative expression contained within that work and the... View More

1 Answer | Asked in Immigration Law, Divorce and Family Law for Massachusetts on
Q: How are assets split in a marriage between a H1-b visa holder and their H-4 dependent?

Hi there,

I am an Indian Citizen living in the US on an H1-B visa. I plan on marrying my childhood sweetheart (an Indian citizen) and bringing her over on a H-4 visa.

In case we decide to get a divorce in the future, how will our assets be split?

1. What happens to my and my... View More

James L. Arrasmith
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answered on Jan 27, 2024

In the event of a divorce in the United States, the division of assets can vary significantly depending on the state where the divorce proceedings take place. Most states follow either community property or equitable distribution principles. In community property states, assets acquired during the... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Child Custody for Massachusetts on
Q: How do I fight false allegations made against me by DCF? I didn't get a fair hearing to challenge their false allegation

I would like to share that my son was born on July 11th and the involvement of DCF started when I discovered the mother's drug use during her pregnancy. Due to my daily work commitments, DCF worker Michelle Fraiser asked if I could take immediate custody of my son, to which I agreed but... View More

James L. Arrasmith
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answered on Jan 26, 2024

In your situation, fighting false allegations made by the Department of Children and Families (DCF) in Massachusetts requires a proactive and informed approach. First, ensure that you have a clear understanding of the specific allegations against you. This information is crucial for forming an... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Could I apply for AOS after court closed and USCIS denied my AOS for not submitting evidences. Didn't file i290B on time

I would like to travel but have only TPS application pending. I traveled with Advanced parole in 2023 while i had the AOS application from 2018 pending with USCIS. Do i have a legal entry? I filed it because i never received an NTA. Now my court closed and they opened my AOS but gave me 30 days to... View More

James L. Arrasmith
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answered on Jan 24, 2024

In your situation, it's important to understand that the denial of your Adjustment of Status (AOS) application by USCIS and the failure to timely file an I-290B (Notice of Appeal or Motion) can complicate your case. Even though your court case was closed and your illegal entry charge was... View More

1 Answer | Asked in Real Estate Law and Tax Law for Massachusetts on
Q: Claiming "Senior Circuit breaker" Tax Credit with Multiple people on deed

My mother in law use to claim the massachsuetts "Senior Circuit Breaker" Credit on her taxes for years (She is 92). Last year after her stroke she revised her will and put myself and my husband on the deed to the house with here via quitclaim deed and retaining life estate (so technically... View More

James L. Arrasmith
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answered on Jan 22, 2024

In Massachusetts, the Senior Circuit Breaker Tax Credit is designed for senior citizens who meet certain criteria, including property ownership and occupancy. Even though the deed to the house now includes you and your husband, the fact that your mother-in-law retains a life estate means she still... View More

2 Answers | Asked in Family Law and Real Estate Law for Massachusetts on
Q: I bought my home in 2019.Refinanced 2021 and added BF to all aspects of loan.i have equity. what is he entitled to?

prior to him signing i had already gained $160k of equity. If we were to sell is he only entitled to what was gained from Refinance till now?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jan 22, 2024

He was added to the Deed as a title holder either as a tenant in common or as a joint tenant most likely and would have the right to seek a Partition of his undivided interest and the portion of equity he contributed to would be either determined by agreement of the parties or through Court... View More

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2 Answers | Asked in Family Law and Real Estate Law for Massachusetts on
Q: I bought my home in 2019.Refinanced 2021 and added BF to all aspects of loan.i have equity. what is he entitled to?

prior to him signing i had already gained $160k of equity. If we were to sell is he only entitled to what was gained from Refinance till now?

Christopher Tolley
Christopher Tolley
answered on Jan 22, 2024

What was your agreement with your BF when he signed the loan documents in 2021? Did you convey title to him or did he merely sign the new mortgage? What, if anything, did he pay you for an interest in the property? Has he paid any mortgage payments, contributed to the upkeep and maintenance of the... View More

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1 Answer | Asked in International Law for Massachusetts on
Q: What happens if I forgot to declare over $10k cash at customs? Is there a chance to still do it without repercussions?

What would happen if someone forgot to declare the cash at US customs which goes to the university tuition of an international student? And if the money were already deposited to US bank and the payment was made? Is there a way to still declare it and not get in trouble?

James L. Arrasmith
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answered on Jan 19, 2024

If you failed to declare over $10,000 in cash or monetary instruments when entering the US through customs, it is best to consult with a legal professional about the options. Technically you should have completed a FinCEN 105 Report of International Transportation of Currency or Monetary... View More

2 Answers | Asked in Immigration Law for Massachusetts on
Q: Do I need to be on OPT for a research conference to showcase a project I worked on as a paid student worker while on F1?

My program end date is May 15 and I worked on campus for a professor doing research. At the end of the month, he is presenting at a conference and would like me to come and also help present. Do I need to be on OPT for this with my EAD start date at that time or can I help present without being... View More

James L. Arrasmith
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answered on Jan 18, 2024

Under U.S. immigration rules for F1 visa students, participating in a research conference doesn't typically require you to be on Optional Practical Training (OPT), especially if you're not being paid for this specific activity. Your role as a presenter at a conference is generally... View More

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2 Answers | Asked in Immigration Law for Massachusetts on
Q: Do I need to be on OPT for a research conference to showcase a project I worked on as a paid student worker while on F1?

My program end date is May 15 and I worked on campus for a professor doing research. At the end of the month, he is presenting at a conference and would like me to come and also help present. Do I need to be on OPT for this with my EAD start date at that time or can I help present without being... View More

Syed Ali Hussain Lahooti
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answered on Jan 17, 2024

If I am understanding correctly, you were a paid student worker for the project on campus and are now showcasing that work after completing your studies but before obtaining Optional Practical Training (OPT) status, attending a conference to present the prior work should not pose a problem. Since... View More

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1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: Is my boyfriend legally obligated to provide my name and address to opposing counsel during his divorce?

What are my rights for privacy? His divorce is in the RI courts. He filed for an irreconcilable differences divorce and our relationship has nothing to do with the divorce. His wife is looking for reasons to tip the table in her favor in regard to splitting assets.

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

If the divorce is in RI, that is where the question should be asked. Presuming that the standard as to what your BF needs to provide his wife when asked are the same, then yes, his wife's attorney is entitled to know your name and how to contact you. You may be able to lead his wife to the... View More

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: I have a commercial lease in Massachusetts and the landlord just installed water meters and started charging us

IS he allowed to do that mid lease? this is the paragraph in our lease UTILITIES AND SERVICES. Commencing on the Commencement Date, Tenant shall pay when due all costs, charges, deposits and assessments related to the hook-up, furnishing, consumption, maintenance and installations of water, water... View More

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

Generally, as lease should be reviewed in its entirety as one section may be impacted by another section. Based on the limited text provided, it appears that the LL has taken the steps to have a commercial tenant contractually obligated to be responsible for the water to the leased space. Having... View More

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 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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