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Handwritten will results in $500,000.00 settlement

Handwritten will cutting daughter out of one million dollar estate disputed. Settled for 40% of the estate.

A women was cut out of her mother’s estate by what her sister called a handwritten will. After lengthy litigation contesting the validity of the will and the legal issues regarding the validity of a handwritten will in Massachusetts the estate offered the disinherited daughter 40% of her mother’s estate which was estimated to be worth some one million dollars.

$400,000.00 Jury Verdict in Motorcycle Accident

A passenger on a motorcycle was severely injured in a collision with a car. The case was tried to a jury. The jury returned a $400,000.00 verdict for the passenger.

$750,000.00 judgment for blocking an emergency exit of a commercial condominium

An owner of a commercial condominium sued the owner of another unit for blocking his emergency exit, claiming damages. He claimed that because he had no emergency exit he could not rent his unit out and lost significant rental income. The court found for the owner and entered a $740,000.00 judgment in his favor.

SJC holds supermarket liable for injuries when customer slipped and fell on a grape

A case was referred to the firm for the purpose of assisting in an appeal of a dismissal of a slip and fall case. The client slipped, fell and severely injured himself at a supermarket. He slipped on a grape on the floor that had fallen from a pile of grapes in plastic bags stacked up in a display. He suffered a subderal hematoma and concussion, spent a month in the hospital and incurred over $100,000.00 in medical bills. The supermarket argued that there was no evidence as to the length of time the grape was on the floor and therefore no evidence that the employees knew or should have known that it was there and presented a hazard to customers and therefore no liability. On Appeal to the Supreme Judicial Court we argued that supermarket was liable because of their “mode of service.” The act of stacking plastic bags of grapes that were open so that customers could serve themselves made the supermarket liable on the theory that they knew or should have known that such a mode of service could result in customers dropping grapes on the floor. The Supreme Judicial Court agreed and overturned the lower court’s dismissal of the case, stating for the first time that in Massachusetts the “mode of service” theory of negligence could be used. This was new law for Massachusetts and cases in the Supreme Judicial Court that have followed this one have cited this case and expanded this law. On return to the lower court the case settled for a significant amount of money.

ARTICLES

Employers’ Guide to Family Medical Leave Act

There is no federal law that causes more concern among employers than the Family Medical Leave Act (FMLA). FMLA or the Family Medical Leave Act is a federal law that all employers with eleven or more employees must follow. It gives employees the right to take time off from work and not lose their jobs for specific medical issues. It is a complicated statute with serious ramifications for employers who do not follow it. We can advise you on all of the various elements of the statute, represent you in regard to any claim made by an employee under the statute and most importantly advise you on how to set up your business so that your employees clearly understand what they must do to qualify for medical leave under the statute. Advance planning and work communicating FMLA requirements to your employees is worth the time and trouble because it saves you from costly litigation that often arises because the employer or employee misunderstands their responsibilities under the FMLA.

State Ethics Commission

A notice from the State Ethics Commission that an investigation is being considered regarding your business conduct involving a state or municipal employee is a serious matter. An investigation and the filing of an Ethics Commission complaint is a grave development that could affect you financially in a very significant way. We have had experience dealing with ethics complaints before the State Ethics Commission. We have been successful in persuading the Commission that our client did not commit any violations of the State Ethics laws. If you are a government employee or for that matter someone who has dealt with a government employee and find yourself the subject of an inquiry or investigation by the State Ethics Commission you need to have an attorney who has experience in Ethics law and procedure involved before you are formally charged with an ethics violation. We can consult with you and advise you and our early involvement may very well mean a quick and favorable resolution.

Estate Disputes

The conflicts that arise after the death of a loved one and what to do The laws controlling inheritances in Massachusetts are complex and complicated and often allows one challenging the distribution of an estate of a deceased family member the opportunity to successfully challenge questionable decisions. We are experienced at knowing how to apply that law to a claim challenging an estate and then successfully litigating those claims on behalf of our clients. We have represented clients in many different kinds of estate disputes: Will contests, asset disputes, mental competency challenges, undue influence claims, handwritten will determinations and other challenges to the estates of decedents and mentally ill:

1. A mother of two children was persuaded to forgo making a will by one child who promised her sister who was given up for adoption would be given half of her mother’s estate. Under Massachusetts intestacy law the first daughter would inherit the entire estate and the daughter given up for adoption would get nothing. We successfully convinced a jury that the daughter made that promise and as a result her mother did not make a will splitting her estate. A jury found the first daughter had made a promise to her mother to split her estate evenly with the adopted child. The jury determined that the mother had been persuaded to not make a will based on the first daughter’s promise that she would give half of her mother’s estate to the adopted daughter. The jury awarded exactly one half the mother’s estate to the adopted daughter:

2. A claim by two children that a man who had three daughters was actually their father too and that they should share in his estate as well which consisted of a significant real property collection. After trial and extensive DNA testing the court found they were biological children of the decedent and that they should share equally in his estate:

3. A client retained the firm to challenge to a handwritten will cutting that child completely out of her mother’s multi million dollar estate. The case was eventually settled with the client receiving almost half of her late mother’s estate, almost half a million dollars.

What Landlords Need to Know About Security Deposits In Massachusetts

Landlords are required to follow strict laws with regards to security deposits. At the time a landlord receives a security deposit from a tenant, they are required to provide the tenant a signed receipt indicating the amount of the security deposit, the name of the person receiving it, the date on which it was received, and a description of the premises leased or rented. When a landlord receives a security deposit from a tenant, they are required to hold that security deposit in a separate, interest-bearing account in a bank located within the Commonwealth. This account must pay interest beginning on the first day of tenancy, at the rate of five percent or less per year. The interest received from the bank where the deposit has been held, must be payable to the tenant at the end of each year of the tenancy. In addition, this account must be under such terms that will place the security deposit beyond the claim of creditors of the landlord, and will provide for the security deposit’s transfer to a subsequent owner of the leased property. Landlords are also required to give tenants a statement within 30 days of receiving the security deposit, which indicates the account number, name and location of the bank where the security deposit has been deposited, the amount in the account, and the amount of interest payable to the tenant. Within ten days of the beginning of the tenancy, the landlord is required to provide the tenant a separate, written statement of the condition of the premises that existed upon the tenant assuming possession of the premises. The statement must include any violations of the state sanitary or building codes certified by the local board of health, building official or adjudicated by a court, and the statement must be signed by the landlord. The statement must also contain the following statement in twelve point, bold faced font at the top of the page: “This is a statement of the condition of the premises you have leased or rented. You should read it carefully in order to see if it is correct. If it is correct you must sign it. This will show that you agree that the list is correct and complete. If it is not correct, you must attach a separate signed list of any damage which you believe exists in the premises. This statement must be returned to the lessor or his agent within fifteen days after you receive this list or within fifteen days after you move in, whichever is later. If you do not return this list, within the specified time period, a court may later view your failure to return the list as your agreement that the list is complete and correct in any suit which you may bring to recover the security deposit.” Within 30 days of the conclusion of the tenancy, the landlord is required to provide the tenant an itemized list of damages which details the nature of the damage and the repairs necessary to correct damage to the premises. This statement must be sworn by the landlord under the pains and penalties of perjury. Lastly, written evidence such as estimates, bills, invoices, or receipts, indicating the actual or estimated cost of repairing the damage must be attached to the landlord’s statement sent to the tenant. The security deposit statute in Massachusetts requires a court to award a tenant three times the amount of the security deposit and attorneys fees in any lawsuit filed by a tenant to recover their security deposit if the court finds that the landlord has violation some of the above requirements. Many of the above requirements apply to any money taken as “last month’s rent” as well. If you are a landlord, and would like our assistance in managing your tenants’ security deposits please contact our office.

How to evict tenants on moral grounds

Recently you discovered that your tenants have been participating in immoral activities in the apartment that they rent from you. Did you know that depending on the immoral activities that your tenants are committing, you maybe able to void their lease, bypass the lengthy and costly eviction process, and receive immediate relief in the form of an injunction from the court? Massachusetts has a statute that allows a landlord to void the lease of a tenant who is using the rented premises for common nuisance. Common nuisance includes the use of the premise for the purposes of prostitution, assignation (a secret or forbidden meeting), lewdness, illegal gaming, or the illegal distribution of alcohol or the sale or trafficking of illegal narcotics or prescription drugs. Ultimately, the landlord has the choice whether or not to void the tenant’s lease. Once the landlord has evidence of a common nuisance occurring, they may send notice to the tenant notifying them of their lease being voided. This notice most commonly comes in the form of a letter. It should include the reason for the lease being voided, where the landlord gets the authority to void the lease, and the date on which the tenant must vacate the premises. The landlord may also seek an injunction from the court requiring the tenant to vacate the premises. The decision to grant a preliminary injunction is left to the discretion of the trial judge. For the landlord to succeed in their claim, they must show a substantial risk of irreparable harm to the landlord, property, and other tenants if relief is not granted. Often the mere evidence that the conduct described above is occurring is enough to show that. The judge may then balance the risk of irreparable harm to the landlord if relief is not granted, against any similar risk to the tenant if the relief is granted. If the balance of risks favor the landlord, the judge may issue an injunction. Even if a Federal, State or private housing authority or assisted housing helped the tenant rent the property from the landlord, the housing authority is not allowed to claim any remedy that is available to the tenant. Rather, they are only entitled to receive notice, notice of the hearing and notice of the decision by the court. If you are a landlord looking to void a lease with this statute, contact us today to discuss your options.

How to get a liquor license in Boston

There are two types of liquor licenses available in Massachusetts. A “pouring license” is for an establishment that serves alcohol on the premises, such as, restaurants and bars. The second type of license is for stores that sell alcohol for customers to drink elsewhere, such as, a liquor store or grocery store. Know what kind of alcohol you want to sell. The Massachusetts State Legislature has set a quota on the amount of liquor licenses allowed in the state. Although there are four types of liquor licenses, all four licenses fall under the same quota. The four types of licenses are: all types of alcoholic beverages, wine and malt (beer, ciders, etc), wine or malt. Determine whether you can apply for a new liquor license or purchase an existing license. If you apply in a city or town where they have meet their licensing quota, they will be unable to issue you a new liquor license. If this occurs, it is possible to purchase a preexisting liquor license from an owner or business who has decided to put their license on the market. Prices vary depending on the city and area, but be prepared to pay anywhere from $75,000.00 to $250,000.00 or more. Prior to purchasing a preexisting license it is imperative to verify that the city in which you are opening your business accepts the license from the city where you are purchasing it. This is because in conjunction with the Commonwealth, each city has their own laws in which to regulate the selling and consumption of alcohol, and this may impact the regulations of the license. Get started on your paperwork. In order to apply for a liquor license, you must first complete a CORI Authorization form for each individual that has an interest in the business and the proposed manager of the business. If you are applying for a license on behalf of a corporation, you must include a vote of the Board to apply for a liquor license and a vote appointing the manager of the business. You will need proof of citizenship for the manager, documents detailing the structure of the business, financial records for any and all financing and or loans for the business or for the purchase of the liquor license, and a copy of the business’ lease. If you will be transferring a license, a Purchase and Sale Agreement of the license must be included in your paperwork. If you are applying for a new license, you must submit a floor plan, a copy of the Abutter’s Notification, and a copy of the advertisement published in the newspaper. Lastly, if you are approved for a liquor license, you must apply for a victualer license within two weeks of opening your establishment. If you are considering applying for a liquor license contact us so we may help guide you through the procedure.

Attachments for Services Rendered

What happens when you perform services for a customer, but the customer refuses to pay them for their work? You are eligible to file a case in small claims court, so long as the amount in question is less than $7,000.00. Now lets say that the court finds in your favor. What does that mean? The next step is the payment hearing. The notice of judgment and order form shall advise both parties that, unless the defendant timely appeals from the judgment or makes payments as ordered, the defendant is required to complete a written financial statement, bring it to the payment hearing and appear at the court date. The payment hearing is scheduled thirty days from the date of judgment or shortly thereafter. The court may require the defendant to submit a financial statement that is signed under the pains and penalties of perjury. These financial statements are not available for public inspection. Rather they help the judge determine the monthly payment amount that the defendant is able to afford in terms of the monies owed and possibly the amount of attorneys fees and costs. If the defendant does not appear at a payment hearing, the court may issue a capias to bring the defendant before the court without the need for prior service of an Order to Show Cause. The parties are not required to appear in court if the payment has been made. Following the Payment Hearing, the court can amend its order and judgment. An Execution shall issue to the plaintiff upon written request after the payment hearing, or if no hearing is scheduled, thirty days after the date of entry of judgment. At the payment hearing, the burden falls upon the winner to prove that the Judgment Debtor is able to pay without using income that is exempt by law. If the magistrate determines that the judgment debtor is unable to pay, you may request to schedule the matter for review at a later date. Even if a person is currently unable to pay, judgement is enforceable for 20 years if the person’s financial condition improves improves dramatically over time. If the magistrate has not scheduled a payment hearing and the judgment debtor does not pay the money, the clerk’s office can issue you a “Notice to Show Cause,” which will require the Judgment debtor to come before the court. A fee must be paid to the county deputy sheriff to serve this upon the judgment debtor, but the amount will be added to the amount of money that the Debtor owes. If the debtor does not appear at the payment hearing as ordered or after being served with the Notice to Show Cause, you may ask the clerk’s office to issue a capias which is a civil arrest warrant. You must pay a fee to a constable or deputy sheriff to arrest the debtor and bring them to court, but that amount will be added to whatever amount the debto owes to you. Keep in mind that certain assets and certain types of income are protected by law from being taken to satisfy your judgment.

Filing a Civil Claim for money damages or money owed – A Primer

There are three courts where a business can file a claim against another business: Small Claims Court, District Court, or Superior Court. First, Small Claims cases may be filed in the Small Claims session of the District Court, Boston Municipal Court, and Housing Court. The Small Claims Court is a prompt and inexpensive means of adjudicating a claim. Small Claims cases have lower filing fees, and do not have formal pleadings or trial procedures. The filing fees in Small Claims Court range from $40 to $150, depending on how much you are suing for and there is no fee for service of the complaint. Small Claims Court does not require parties to be represented by an attorney, though each party has the option to be represented by an attorney if they so choose However if you have a corporation or an LLC then you must have an attorney represent that entity. A Small Claims case trial is held before a clerk magistrate. Small Claims Court original filing damages may not exceed $7,000.00 in cases not involving automobile accidents. This total does not include any additional punitive damages the Court may choose to award. If you file your case in Small Claims Court there is a trade off for the low filing fee, ease of filing and quick hearing: You have no right of appeal, pre- or post-judgment attachment or opportunity for discovery. Second, a Plaintiff may file their case in District Court. The District Court is able to hear all civil matters in which money damages are sought, providing that there is a likelihood that the Plaintiff will not recover more than $50,000.00 in principal damages. If the case may likely result in recovery of more than $50,000.00 it will be subject to dismissal, and must be refiled in the Superior Court within 30 days of dismissal. A six person jury trial is available to any party requesting a jury trial. In most cases, trial is not scheduled until at least one year after the filing of the case. Filing fees for the District Court are significantly more expensive than filing fees for Small Claims Court, the fees incurred for service or process and post-judgment remedies are likely to far exceed those in Small Claims Court. Filing fees for filing a case in District Court are approximately $195.00 per case. Lastly, a Plaintiff may file their case in the Superior Court if they are likely to recover more than $50,000.00. Superior Court cases have a longer time line than District Court cases and Small Claims Court cases. Superior Court filing fees are higher, and are approximately $270.00 per claim. If the claim centers around an unusual legal question or requires more attention from the court, it may be beneficial to sacrifice the efficiency and lower fees of the District Court and Small Claims Court for the attention that the Superior Court can give your case. For further information on the various requirements of filing cases and where to file cases, contact our office so that we can assist you.

How Social Security Benefits Impact the Payor in Child Support Matters

You just finished the long and difficult process of pursuing child support from your child’s mother or father, when they get injured and are no longer able to work. They have not paid child support payments for quite some time. You recently discovered that they had applied for and are eligible to receive Social Security benefits. They will now have a steady income and your child is eligible to receive a Social Security dependency benefit. How does this affect the child support order? If a parent receives Social Security benefits or SSDI benefits, and the children of the parties are entitled to receive a dependency benefit derived from that parent’s benefit, then the amount of the dependency benefit shall be added to the gross income of the parent receiving the Social Security benefit. This combined amount is that parent’s gross income for the purposes of the child support calculation. If the child’s dependency benefit derives from the payor’s benefit, and the amount of the dependency benefit exceeds the child support obligation calculated under the child support guidelines, then the payor shall have responsibility for payment of the current child support ordered in excess of the dependency benefit. Simply stated, if the child’s dependency benefit received is greater than the child support payment ordered, then the payor is not responsible for paying any child support over what the payee receives from the dependency benefit. However, if the child support guidelines are higher than the child’s dependency benefit that derives from the payor’s benefit, the payor must pay the difference between the dependency benefit and the weekly child support amount ordered under the guidelines. In other words, if the payee receives a dependency benefit that is less than the child support ordered, then the payor will be responsible to pay the amount of child support that exceeds the dependency benefit. If you are facing a situation concerning attaining child support from a co-parent who is receiving Social Security benefits, contact our office for a consultation.

Judgment Recovery - After you win: what comes next?

You recently won a case and received a verdict against the Defendant entitling you to a money judgement against the Defendant, but the Defendant claims that they do not have the money to pay you. Since the Defendant does not have the money to pay you, there is no way for you to recover the money that you are owed. Sometime later, you discover that the Defendant had bought a piece of real estate, and transferred the title to another person or company for safe keeping because they were aware that your judgment against them entitled you to this property. What can you do now that the property no longer belongs to the Defendant? You can go to court and file a motion for an ex-parte restraining order. An ex-parte restraining order allows a person to request the court to hear their motion without notifying the other party and without the other party being present. In order to receive an ex-parte hearing, you must prove to the court that you have an urgent and legitimate reason for not wanting the other party present or having notice of the hearing. A restraining order will stop the other party from selling or transferring the property. In this case, you would request that the court issue a restraining order without the other party present because if you were required to give notice it is likely that the Defendant will attempt to sell or hide the property in order to avoid paying you. Another option to pursue is to file a motion for an ex-parte real estate attachment. An ex-parte real estate attachment allows you to put a monetary lien on the other party’s property. This ensures that the Defendant will not be able to sell or transfer the property without receiving an adequate amount to pay the judgement and whatever interest had accrued since the judgment was issued in your favor. Similar to the ex-parte restraining order, with an ex-parte attachment you will need to prove to the court that you have an urgent or legitimate reason for wanting the motion to be heard ex-parte. After the issuance of either or both the ex-parte restraining order and the ex-parte attachment, you will be responsible for notifying the Defendant that either or both of these have been issued by the court. You do this by sending the court order to the Deputy Sheriff to serve on the Defendant and if it is a real estate attachment the Deputy Sheriff will record it at the registry of deeds. If you have any questions regarding judgment recovery, restraining orders or attachments, contact our office to discuss if any of these options are available to you.