The Massachusetts Lawyer Blog covers auto accidents, bankruptcy, business law, competency, constitutional law, criminal law, estate administration, health issues, medical malpractice, municipal law, personal injury, probate litigation, real estate & real property, and wills, trusts & estates. This blog is published by Wilson & Whitaker, LLC.
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What happens in Massachusetts when someone dies but their will can’t be found? This question was recently addressed by the Massachusetts Supreme Judicial Court (SJC) in the Matter of the Estate of Marc R. Beauregard. Beauregard who died at age...What happens in Massachusetts when someone dies but...
The Massachusetts Supreme Judicial Court (SJC) recently ruled (slip opinion) on an MA employment discrimination case involving a general arbitration clause. The contract between the employee and employer stated, Arbitration. Any claim, controversy or dispute arising out of or in...The Massachusetts...
Sarah Randag, recently posted on the ABA Journal a labor and employment law post, LinkedIn Reviews Can Come Back to Haunt Employers, Lawyers Say, which opens with,Management-side employment lawyers are advising their clients against writing recommendations for current or recent...Sarah Randag,...
During a divorce, spouses often enter into an agreement which becomes a court order pertaining to their assets and property rights. Some agreements include a waiver of certain future retirement benefits or other payments. This may not be enough, however....During a divorce, spouses often enter into...
Does your Massachusetts divorce agreement have a provision that addresses disagreements regarding the college selection process or does it tightly define what are reasonable education costs? Perhaps it should. With a number of colleges now above $50,000/year for each child,...Does your...
Anectdotal Evidence and Local Statistics Indicate We Haven't Reached the Bottom Yet In and Around Boston, MA
Law and business clients often ask, "Have we reached the bottom, yet?" The number of bankruptcy inquiries, loan workout requests, short-sale questions, employment termination calls, and divorce consultations our law firm is receiving makes me believe we have not reached...Law and business clients...
Self-Employment Income and Massachusetts Child Support in Divorce or Divorce Modification, Not Always What You Think or Report to the IRS or MA DOR
Modification of a MA child support order was recently discussed in the Massachusetts Appeals Court case, Kenneth R. Whelan vs. Kathleen A. Whelan. One of the issues discussed in this case involved self-employment income as it relates to MA child...Modification of a MA child support order was...
Thank you to the Patriot Ledger and Reporter Julie Onufrak for covering my Privacy Law and Policy Blog in today's business section, Weymouth lawyer blogging about the Internet and privacy. It was a pleasure to meet Julie and we had...Thank you to the Patriot Ledger and Reporter Julie Onufrak for...
The U.S. Supreme Court in, Melendez-Diaz v. Massachusetts (PDF), concludes, "[t]he Sixth Amendment does not permit the prosecution to prove its case via ex parte out-of-court affidavits[.]" Thus, MA defendants and defense attorneys will now be allowed to challenge the...The U.S. Supreme Court in,...
A recent MA appeals court decision found that an irrevocable trust that states the trustees, under no circumstances, were to make distributions of principal from the trust to the settlor, may still count as a countable Medicaid asset exceeding the...A recent MA appeals court decision found that an...