Massachusetts Recent Legal Answers from Lawyers

Good morning. If the trust agreement allows for the same then you could purchase the property from the trust and the trust would disburse the proceeds of the sale. Please feel free to call me to discuss in greater detail. Thank you, Richard E. Palumbo, Jr. Law Offices of Richard Palumbo, LLC* 535 Atwood Avenue, Suite 4 Cranston, RI 02920 www.richardpalumbolaw.com / rpalumbo@richardpalumbolaw.com  Tel: 401.490.0994 / Fax: 401.490.0945  ... Read Answer

You may.  We would have to see all of the facts, but under copyright law, the works at issue need only be "substantially similar," and you would also have to prove that the other company had "access" to your character, which, if it was visible online, you could possibly prove.  You have copyright protection even without having registered it with the copyright office, but if you were to pursue an infringement in court, you would be required to register your copyright first, and then you still would not be entitled to statutory damages, although you would be entitled to other money damages, but the proof would be more difficult.... Read Answer

Has paternity been established by either an affidavit of paternity or by a court decree?  If no, then you will need to file a Complaint to Establish paternity.  These are complex issues and seeking the advice of attorney may be in your best interest.  Many lawyers offer a free initial consultation.  Best wishes.... Read Answer

You need to proceed with caution. This an instance where it may better to withdraw the application for now and proceed at a later date. However, to give appropriate guidance, an attorney will need to review all the criminal and domestic violence related documents. I encourage you to take these documents to an experienced attorney for a thorough assessment before taking any action. In the interim, you can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

You may request extensions of your B-2 status but whether those extensions will be granted will be at the discretion of USCIS. You honestly will likely face difficulty trying to extend B-2 status for a period of six years. You will also likely face suspicion that you are working unlawfully in the United States. Working remotely while on U.S. soil requires employment authorization. You can read more about nonimmigrant visas at http://myattorneyusa.com/nonimmigrant-visas. ... Read Answer

Good morning. The board of a condominium association must act in accordance with the applicable statute (i.e. 183A) and the condominium documents.  If the board is acting in violation of the same then you have a number of options.  First you could organize other like minded unit owners and remove and replace the board.  There may be a grievance process in the condominium documents that could help you.  Or you could file a complaint in court. Please feel free to contact me to discuss in more detail if and as needed. Thank you, Richard E. Palumbo, Jr. Law Offices of Richard Palumbo, LLC* 535 Atwood Avenue, Suite 4 Cranston, RI 02920 www.richardpalumbolaw.com / rpalumbo@richardpalumbolaw.com Tel: 401.490.0994 / Fax: 401.490.0945 *Our attorneys are admitted in RI, MA, CT and US District Court - RI and MA Nothing contained in this email shall be considered legal advise or establish an attorney – client relationship and no such relationship shall be established without a Client Legal Services Agreement signed by you and us. ... Read Answer

Good morning. Your co-tenants (i.e. 5 others) would likely be able to force you to sell the property in an action for partition in sale unless some specific circumstance prevents the same (i.e. deed restriction, etc.). Please feel free to contact me to discuss this matter in more detail. Thank you, Richard E. Palumbo, Jr. Law Offices of Richard Palumbo, LLC* 535 Atwood Avenue, Suite 4 Cranston, RI 02920 www.richardpalumbolaw.com / rpalumbo@richardpalumbolaw.com Tel: 401.490.0994 / Fax: 401.490.0945 *Our attorneys are admitted in RI, MA, CT and US District Court - RI and MA Nothing contained in this email shall be considered legal advise or establish an attorney – client relationship and no such relationship shall be established without a Client Legal Services Agreement signed by you and us. ... Read Answer

Good morning. We may be willing to take the matter on a contingency basis (i.e. a percent of what we are able to collect plus expenses) depending on the status of the home building company and the liklihood of collecting the same. Please feel free to contact me to discuss this matter in more detail. Thank you, Richard E. Palumbo, Jr. Law Offices of Richard Palumbo, LLC* 535 Atwood Avenue, Suite 4 Cranston, RI 02920 www.richardpalumbolaw.com / rpalumbo@richardpalumbolaw.com Tel: 401.490.0994 / Fax: 401.490.0945 *Our attorneys are admitted in RI, MA, CT and US District Court - RI and MA Nothing contained in this email shall be considered legal advise or establish an attorney – client relationship and no such relationship shall be established without a Client Legal Services Agreement signed by you and us. ... Read Answer

Good morning. Your brother as the sole trustee must act in accordance with the declaration of trust or trust agreement.  He cannot do whatever he wishes to do with the home in trust. Please feel free to contact me for any reason. Thank you, Richard E. Palumbo, Jr. Law Offices of Richard Palumbo, LLC* 535 Atwood Avenue, Suite 4 Cranston, RI 02920 www.richardpalumbolaw.com / rpalumbo@richardpalumbolaw.com Tel: 401.490.0994 / Fax: 401.490.0945 *Our attorneys are admitted in RI, MA, CT and US District Court - RI and MA Nothing contained in this email shall be considered legal advise or establish an attorney – client relationship and no such relationship shall be established without a Client Legal Services Agreement signed by you and us. ... Read Answer

Good morning. When a property in trust is sold then the trustee or trustees of the trust will receive a check from the closing attorney.  Then the trustee will deposit the check into the trust account and then cut checks in accordance with the trust declaration or agreement to the beneficiares if the trust declaration or agreement requires the same. Please feel free to contact me for any reason. Thank you, Richard E. Palumbo, Jr. Law Offices of Richard Palumbo, LLC* 535 Atwood Avenue, Suite 4 Cranston, RI 02920 www.richardpalumbolaw.com / rpalumbo@richardpalumbolaw.com Tel: 401.490.0994 / Fax: 401.490.0945 *Our attorneys are admitted in RI, MA, CT and US District Court - RI and MA Nothing contained in this email shall be considered legal advise or establish an attorney – client relationship and no such relationship shall be established without a Client Legal Services Agreement signed by you and us.   ... Read Answer

Good morning. I am sorry for your situation. You should be able to file a complaint in court against your friend and attempt to collect the $30,000.  If you are able to obtain a judgment then you will need to execute on the said judgment.  If your friend has a job then we could potentially attach his wages.  If your friend has other assets then we could possibly go after those assets. Please feel free to contact me to discuss the matter in more detail. Thank you, Richard E. Palumbo, Jr. Law Offices of Richard Palumbo, LLC* 535 Atwood Avenue, Suite 4 Cranston, RI 02920 www.richardpalumbolaw.com / rpalumbo@richardpalumbolaw.com Tel: 401.490.0994 / Fax: 401.490.0945 *Our attorneys are admitted in RI, MA, CT and US District Court - RI and MA Nothing contained in this email shall establish an attorney – client relationship and no such relationship shall be established without a Client Legal Services Agreement signed by you and us.   ... Read Answer

It means you were ineligible for entry under the visa waiver program. Without knowing more, it is difficult to assess why. There are a variety of reasons a person could be denied entry under ETSA. Some are more pronlemstic than others. You will need to actuall apply for a visa at the U.S. Embassy given you were refused entry. Before applying for a visa, speak to an experienced immigration attorney in detail about what happened to make sure there are no other issues. ... Read Answer

You may marry someone regardless of your or their immigration status. You will be able to file an immigrant visa petition on behalf of your husband. As a resident, your husband would not have a visa immediately available to him. He would need to wait about 1.5 to 2 years for a visa to be available. Another issue will be whether he will be able to adjust status in the United States or proceed through consular processing. I encourage you to consult an attorney so you and your spouse understand the process fully. In the interim, you can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

More information is needed to make a complete assessment. However, there are some things that are concerning. I am not clear why your husband's attorney has not sought a change of venue if your husband does not live in Virginia. Immigration courts will typically change venue unless testimony has been taken. The second issue is why not either seek administrative closure why the marriage case is pending or request an adjournment prior to the hearing if your marriage petition is still being adjudicated. There may be valid answers to these questions. A review of the file is necessary to make any definitive assessment. Ask the attorney for a copy of the file. You can take the copy to an attorney for a second opinion. ... Read Answer

There is no doubt this was neglilgence on the part of housekeeping, which means negligence is attributed to the hotel.  I am very sorry to hear about your experience! 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 should discuss your options with the insurance company.  The insurance company is not obligated to fix your vehicle if they deem it a total loss.  However, you could ask them for the money (the total loss compensation) and they will give it to you minus the salvage value of the car (because you are keeping it).  It would then be your obligation to fix the vehicle on your own. 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