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Foreclosure of Your Primary Residence


Did you know that you are entitled to a specific notice before a mortgagee (i.e. the bank) can foreclose on your residential property? If the property consists of a dwelling house with accommodations for four (4) or less separate households and occupied in whole or in part by the mortgagor, the mortgagor is entitled to

Seek Counsel Before Signing Documents With Real Estate Broker


Did you know that you may sign documents presented to you by a real estate broker that could bind you to either unfavorable terms or to purchase or sell a residential home before you even sign a purchase and sale agreement? Real estate brokers generally encourage prospective sellers and buyers to sign two standard form

Family Avoids Substantial Nursing Home Costs


When an elderly man required immediate placement in a nursing home due to a stroke, his wife was faced with multiple issues including the payment of approximately $13,000 a month for his care. The elderly couple was not prepared for such a catastrophe. They did not have an Estate Plan to address issues such as:

What You Need To Know If You Die Without A Will


Did you know that if you die without a Last Will and Testament the Commonwealth of Massachusetts decides how to divide up your estate? If you die without a Last Will and Testament, Massachusetts General Laws Chapter 190 dictates the distribution of your estate. The distribution of your estate differs if you die survived by

Discharged Employees Must Be Paid Unused Vacation Time Regardless of Written Policy


The Massachusetts Supreme Judicial Court (“SJC”) held in Electronic Data Systems Corp. v. Attorney General that it is a violation of the Massachusetts Wage Act (M.G.L. c. 149, �148) to fail to pay unused vacation time to involuntarily terminated employees. In this matter the employer, Electronic Data Systems (“EDS”) had a written vacation policy which expressly provided

Defeating a Neighbor’s Challenge to Zoning Relief


Pursuant to G.L. c. 40A, § 17, only a “person aggrieved” by a local zoning board’s decision has standing to appeal the decision. Courts lack jurisdiction to preside over an appeal unless the plaintiff is determined to be a person aggrieved; therefore, absent such a determination a zoning appeal must be dismissed. The Massachusetts Legislature

Stock Options and Divorce


Did you know that stock options, whether vested or unvested, may count as “income” for purposes of calculating child support even if they are not vested? If the option doesn’t vest until after the termination of the marriage, the Court may apportion the options between marital and non-marital property. Unvested options may be considered as

Using IRA Funds to Finance a Home Purchase


There has been much publicity surrounding the First-Time Homebuyer Credit under the American Recovery and Reinvestment Act of 2009. Many young families and individuals are rushing to take advantage of this limited time offer and in their haste, may miss other favorable tax regulations that facilitate and encourage homeownership. One such code provision, of particular