A 1031 tax-free exchange, also known as a “like-kind exchange,” is a powerful tool for real estate investors who want to defer capital gains taxes when selling and purchasing investment properties. This tax provision, governed by Section 1031 of the Internal Revenue Code (IRC), allows property owners to reinvest the proceeds from the sale of […]
Filing a Declaration of Homestead in Massachusetts
In Massachusetts, homeowners are offered a significant protective measure against certain types of creditors through the filing of a Declaration of Homestead. Massachusetts real estate law recognizes this declaration as a way to safeguard the equity in your primary residence. Benefits of a Homestead The Declaration of Homestead in Massachusetts protects up to $500,000 of […]
Understanding the Role of a Corporate Lawyer in Mergers and Acquisitions
In the business world, mergers and acquisitions (M&A) play a pivotal role in shaping the growth and success of companies. However, navigating the complexities of M&A transactions requires expertise and guidance from seasoned professionals. Our Massachusetts business law attorneys are dedicated to providing insightful assistance in M&A activities. As a small business owner or as […]
Donate Warm Winter Coats For Children At Phillips, Gerstein & Channen LLP!
Winter coats needed to fulfill one mission: “Anyone who needs a coat, will have one.” In hard economic times and looming cold weather, a warm coat isn’t a luxury… it is a necessity. In every community, there are thousands of children and adults who may otherwise not have access to warm winter coat this […]
High Net Worth Divorce: Unique Considerations and Strategies in Massachusetts
Understanding High Net Worth Divorce High net worth divorce carries its unique challenges. Here is an overview of what you might encounter during a high-net-worth divorce and potential strategies to overcome them. High net worth divorce refers to a divorce involving significant assets, whether those are complex financial portfolios, business ownership, real estate, or other […]
Understanding Petition to Partition in Massachusetts
As a property owner in Massachusetts, it is essential to understand your rights and options when it comes to managing your real estate holdings. One legal tool that can be used to resolve disputes over shared ownership of property is a petition to partition. We will explain what a petition to partition is, how it […]
Massachusetts Divorce Cases Face New Guidelines for Alimony and Child Support
The Massachusetts Supreme Judicial Court (SJC) recently made a significant ruling in the case of Cavanaugh vs. Cavanaugh, which has major implications for alimony and child support in divorce cases in the state. The decision clarifies the factors that should be considered when determining whether to modify alimony and child support orders, and it also […]
Fiduciary Fraud 101
Fiduciary Fraud: An Abuse of Trust Our legal system appoints fiduciaries to ensure the interests of those who cannot act on their own behalf are represented. When this trust is violated, the consequences can have tremendous financial and legal implications. In this article, we will review what a fiduciary is, how a fiduciary can commit […]
Premises Liability on Rented Properties: Can Landlords Be Sued for a Winter Trip, Slip, or Fall?
Accidents happen, especially when winter brings snow and ice—but when accidents happen in a rented property, the question of who is responsible for clearing walkways, pathways, and exits can have serious financial implications for rental property owners. What the Law Says About Landlords’ Snow Removal Responsibilities The Code of Massachusetts Regulations states, with regard to […]
Can I get a temporary restraining order against my ex?
Individuals who are married, living together, have a child together, or have been in a substantive dating or engagement relationship can request an a 209A Order in Massachusetts, also known as the abuse prevention law which allows victims to ask for a court order to protect them. This is sometimes also referred to as an […]