The ability to change is at the heart of the difference between revocable and irrevocable trusts. Revocable trusts take their name from the trustee’s ability to “revoke” (i.e. change) provisions of the trust agreement after signing. These changes could include adding or removing beneficiaries of the trust by amendment or even dissolving the entire trust. […]
What does a lawyer do at a home sale closing?
Believe it or not, lawyers are not only here for the difficult times in life, such as a divorce or a death. The right lawyer can make the joyful moments in life even sweeter by reducing stress and providing peace of mind that everything is ‘just right.’ Closing on a home is one such happy […]
I am setting up a small business on my own. Would I benefit from incorporating as an LLC?
In a word—yes. You would benefit greatly from incorporating your business as a limited liability company (LLC), as opposed to operating it as a sole proprietor or as part of a group of partners in a general partnership. An LLC is a relatively simple means of incorporating a business, with many benefits for small-business owners. […]
I think my soon-to-be-ex-spouse is a bad influence on our children. How can I get full custody?
A judge will be unlikely to respond to the argument “My ex is a bad influence” or “My ex doesn’t know what is best for the children.” Judges hear these arguments all day, every day, during acrimonious divorce proceedings. What a parent needs to prove the former partner is not a fit parent is plenty […]
As a landlord, what am I allowed to do with a renter’s security deposit before they need it back? Am I able to reinvest it into my property?
In a word—no. Massachusetts law tends to favor tenants. This is understandable, as tenants have their home to lose, but it can lead to frustrating situations when a tenant is uncooperative, remiss in paying rent, or blatantly disrespectful to the property and its furnishings. The law in Massachusetts allows landlords to collect a security deposit […]
My Aged Parents Refuse to Discuss End-of-Life Care and Getting Their Affairs in Order
No one is keen to discuss “the End,” as if talking about it will somehow hasten it, or not talking about it might prevent it from happening! By encouraging your parents to prepare for the end of their lives, you are not only acting as a responsible and loving child, but you are saving time, […]
My fiancé and I are not particularly wealthy, but we are established professionals. Would we benefit from a prenup?
You and your fiancé would be wise to consider a prenuptial agreement, or “prenup” as it has come to be known. In fact, most, if not all, couples would benefit from a prenuptial agreement. Objections to getting a prenuptial agreement usually come in one of two categories. The first kind asserts that there is no […]
Premises Liability: The Limits of a Host’s Duty of Care
Under Massachusetts’ law of premises liability, a homeowner’s duty of care to her guests includes keeping her property in reasonably safe condition. This means, among other things, guarding against conditions that could cause reasonably foreseeable injuries to guests. It might involve, for instance, taking steps to prevent foreseeable injury caused by third parties who come […]
Massachusetts Divorce And Accurate Financial Statements
There are many reasons why couples or sometimes just one spouse decides that the marriage is over and files for divorce. Certainly money or the lack thereof is often THE contributing factor to marital discord. Finances play a big part in any divorce. In Massachusetts, once divorce papers are filed by both spouses or just […]
How the New Recreational Marijuana Law effect Employer’s Policies
On November 8, 2016, Massachusetts voted in favor of legalizing the possession and use of marijuana for recreational purposes, joining a growing number of states that have passed similar laws. This means that most employers will have to address employee use of marijuana in the workplace. Under the new law, an individual who is 21 […]