Each state sets terms where a homeowner is protected by what is called an estate of homestead. Homestead laws allow homeowners to declare a limited portion of their property as a “homestead,” thus sparing it from creditors in the event of a bankruptcy or other financial hardship. One primary purpose of homestead laws is to […]
I’ve only been married for 2 weeks, am I eligible for an annulment?
In the state of Massachusetts, a court granted annulment means your marriage never legally happened. Each state’s legislative code sets specific guidelines for what constitutes an annullable marriage. Contrary to popular belief, you can’t annul a marriage based on a short duration. Massachusetts outlines seven specific grounds for annulment. In Massachusetts, annulments require your marriage […]
The LAST WILL AND TESTAMENT
Question: What does it accomplish? Answer: Allows you to distribute your Estate Property in the manner you chose. So in effect you are providing instructions stating whom you want to receive something of yours, what you want them to receive, and when they are to receive it. Without a Will, your Estate Property is distributed […]
My neighbor allows her dog to run loose. While walking my own dog, theneighbor’s bit me. What recourse do I have under the law?
An aggressive dog is a menace to the neighborhood, and potentially a source of great legal trouble for the owner. In Massachusetts, a dog and its owner are not granted any leniency in terms of civil liability even if this is the first occasion on which the dog has bitten someone. Additionally, since Massachusetts is […]
What is the difference between a revocable and irrevocable trust, and which needs do they serve?
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, […]