Massachusetts Recent Legal Answers from Lawyers

The question of whether a TPS holder can adjust status in the US is a hot button issue at this time and the circuit courts are divided as to whether it can be done. The Ninth Circuit Court of Appeals in California just decided that it was possible in following the Sixth Circuit in Ohio. Meanwhile the 11th Circuit with jurisdiction over the states of Alabama, Georgia and Florida has decided in the negative. The rest of the circuit courts have not yet ruled. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.      ... Read Answer

Under Massachusetts General Laws, Chapter 190B, Section 2-516, a person who holds a will is required, within 30 days of your father's death, to either begin the probate process or file the will with the Probate Court. See https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/ArticleII/Section2-516... Read Answer

As a general rule, the answer is no.  The point of the creation of the worker's compensation system that was created many years ago was so workers would not have to prove anyone was at fault for an accident.  In the past, it was treated like any other case.  If you wanted to sue your company, you had to show there was wrongdoing or negligence on the part of your company.  When workers got hurt on the job, they would then have to often go through a difficult litigation process to make a claim.  That would often mean medical bills and lost wages would not be paid while the case was ongoing.  The "no fault" worker's compensation system was created so the injured party could seek wages and medical treatment immediately, regardless of how the accident happened - it just needed to happen while in the course of your employment.   In sum, you would be entitled to 60% of your average weekly wage for the time you are out of work and all related medical treatment should be paid.  If these are not happening, you may need an attorney.  In addition, if your injuries are serious enough, you may also be entitled to a lump sum settlement which an attorney can negotiate for you.  The best advice is to seek a free consultation of a worker's compensation attorney in your area.  ... Read Answer

Once a Last Will and Testament has been signed and witnessed, under Massachusetts law it is too late to make changes directly on the document. A codicil or revised Will should be done afterwards to make any desired changes. Writtten changes made directly on an existing Will could result in expensive litigation about what was intended and whether the changes were effectively made.... Read Answer

As a beneficiary, you have a right to an inventory and an accounting.  I would make the request in writing to document it.  You could add a deadline after which you will file the request with the probate court.  The court could order the executor to produce the documents.  You also can ask for court oversight of the executor, court approval of the accountings, or even to have the executor removed.  Any of the court actions could jeopardize your relationship with your sibling, although her or his failure to provide you with information is also doing that.  But it is usually best to try to work these issues out between you rather than involving the court, which takes time and money and can increase conflict. ... Read Answer

I am so sorry.  The answer depends.  You are responsible for debts just in your name, you and your wife are responsible for debts on joint credit cards.  For your own debts, only assets that you own alone are on the line.  If it is a joint credit card, any assets owned by you alone, your wife alone, and that you own together are on the line.  Once you pass away, debts that are yours alone become debts of your estate and, again, subject only to property that you alone own.  Most states allow a spouse to keep some amount of estate assets, usually around $7,000 or so, more if there are dependent children.  Please note that transferring property to someone else to avoid paying a debt is prohibited in most states and can be reversed.  I would advise talking with an attorney as there are actions you can take depending on the details of your assets and debt.  Good luck.   ... Read Answer

It sounds like your mother needs to hire a probate attorney in New Jersey to assist her.  If she is named executor of her sister's estate, all of her expenses would be paid by the estate.   If your aunt's husband died recently too, then I'm guessing that his son is administering his estate with the help of an attorney.  How estate assets are distributed depends on who died second and what their Wills state.   I don't understand the California connection other than that it sounds like your mother might live there.  But probate will occur in the state where your aunt lived, and the law of that state will apply.   Your mother should be able to do much of it by mail, especially with the help of an attorney.  ... Read Answer

Regarding the trust, it sounds like you need to use the power of the court to get the trustee to meet her obligations.  If you have not sent a written request to her for information, I recommend sending that first.  Mail it registered mail so you have proof she received it.  If you are a beneficiary of the trust, you have the right to receive accountings.  You even could give her a deadine and tell her that you will file a complaint if she does not respond. In general, the duties of a trustee and how disputes regarding the trust are determined first by the language of the trust itself, so I recommending reading it carefully or obtaining a copy if you don't have one already. The probate court has jurisdiction over trusts so you can file suit there to enforce the trust terms or against the trustee for malfeasance or failure to perform some duty.  I would advise hiring an attorney to do this. If you have not done so already, I recommend revoking your power of attorney.  Provide her with a copy of this revocation.     ... Read Answer

This sounds like a scam.  People cannot execute Wills in other people's names.  If you have a Will, it would be one that you prepared, whether you wrote it yourself, used a form, or met with an attorney.  Given that you have been the victim of identity theft in the past, I recommend that you execute a Will if you do not have one already, just to be sure that a phony one is not used.  I would put the original in a safe deposit box or leave it with your attorney if you have one, and provide copies to at least one person with a notation of the location of the original. ... Read Answer

Hello, What a terrible thing to happen.  I am sorry to hear.  In MA,  there is a statute on the books that says any injury that occurs from a defect in a public way (sidewalk) has a cap recovery of only $5000.  That is the most you can receive from a city or town, regardless of the circumstances or how severe the injury is.  That certainly will not compensate you for what you have experienced.  In order to receive that, you typically have to sue in Superior Court to get it.  Unfortunately, dealing with a city or state is not like dealing with a private insurance company.  Unfortunately, it does not make sense to hire an attorney for this, as an attorney will take 1/3 of the $5000, and the rest has to go to pay your medical bills (or pay back your health insurance company).  There usually is nothing left for the injured party.  Sorry to be the bearer of bad news.  I wish you a speedy recovery.   Steven A. Schwartz Attorney/Partner    ... Read Answer

I am sorry to hear that this has happened to you.  Yes, I would call the dealership and/or the manufacturer and start there.  Best of luck to you.  Sounds like there was a clear malfunction as that is certainly not supposed to happen.   Steven A. Schwartz Attorney/Partner   JOEL H. SCHWARTZ, P.C. One Washington Mall, 16th floor Boston, MA  02108 (617) 742-1170 (800) 660-2270 (617) 250-2072 fax sas@joelhschwartz.com   www.joelhschwartz.com... Read Answer

You do not need to change the deed.  Joint tenancy includes rights of survivorship, so that the remaining two siblings are now the owners.  When the two siblings sell or otherwise transfer the property, the deed to the new owners should just note that the third sibling died and the date of death.  Until transfer, however, no action is required.  If you like, you can inform the town so that its records reflect the death and property tax bills and other notices are sent only to the remaining siblings. ... Read Answer

I would strongly suggest you contact an experienced worker's compensation attorney.  Based on what your doctor is telling you, you may very well have a worker's compensation claim where you can get what is called a lump sum settlement.  Without more detail, it is hard to give you more advice than that...but based on the severity of your injury, you should get a free consultation from an attorney who can let you know what your rights are and what you may be entitled to.  Do NOT sign anything with the insurance company until you do so. Steven A. Schwartz Attorney/Partner JOEL H. SCHWARTZ, P.C. One Washington Mall, 16th floor Boston, MA  02108 (617) 742-1170 (800) 660-2270 (617) 250-2072 fax sas@joelhschwartz.com   www.joelhschwartz.com  ... Read Answer

Hi, in Massachusetts they do have a list Guardians Ad Litem that will do an investigation that is state-funded.  You should write an motion to request one and ask the state to pay for it when you are at the hearing explaining to the judge you are indigent.  Best of luck.     ... Read Answer

Yes, a grantor can be the beneficiary of an irrevocable trust.   I think that your instinct to safeguard the house from sale or mortgage is a good one, but I don't think that an irrevocable trust will get you where you want to be.   An irrevocable trust just means that the trust cannot be terminated or modified.  Putting the house in an irrevocable trust probably woud not prevent your son from selling or mortgage the house; the trust could just sell the house.  I suppose that you could have specific language in the trust that the house cannot be sold or mortgaged for a certain period but I'm not sure that would work given that your son is the only beneficiary of the trust.   To restrict what can happen with the house, my thinking is that you would need to transfer ownership of the house from him or put some sort of restriction on his rights of ownership.  For instance, you could have him grant you a life estate or life lease, which would give you the legal right to live in the house or rent the house for your lifetime.  Any sale or mortgage would be subject to this restriction so very unlikely.  Or he could transfer some or part of the ownership of the house to you; if you owned all or part of the house (as a tenant in common, not a joint tenant) he would not be able to sell or mortgage without your agreement.  If he transfers the house to you, you could leave it to him in your Will or even put it in a trust that benefits you while you are alive but goes to him when you die.  Any of these would be recorded in the Registry of Deeds and so available to any bank or buyer.  You could sign an agreement with him that you will pay off his mortgage in exchange for his promise not to sell or mortgage, but this is not as desirable because it would not prevent him from selling or mortgaging, it just would enable you to sue him if he did so.  ... Read Answer

Dear Anonymous,  Based on the length of the marriage it is likely, but not guaranteed, that you will be entitled to half of your husband's pension. The final agreement or judgment in a divorce is based on many factors. I suggest you speak with an attorney to discuss what is likely to happen to you based on the facts of your situation.  Best, ... Read Answer

Dear Anonymous,  The short answer is that the custodial parent has a right to receive support. Dependent on the language of the agreement to suspend support, you may be waiving your right to receive patment upon the determination of the workman's compensation case. Without reviewing the specific document, there is no way to know what you agree to. I suggest you schedule a consulation with an attorney to find out how the law applies to your case.    Best, ... Read Answer