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Why Estate Planning is Important

When thinking of estate planning, it is easy to think about how sad, difficult and confusing the process can be, but Baker, Braverman & Barbadoro P.C. is here for you! Careful planning now can help you and your family avoid significant time, expense, and disagreements later. Why it is important to have an Estate Plan

Are All Salaried Employees Exempt from Overtime?

The Department of Labor (“DOL”) will soon be raising the salary threshold for exempt employees. Many employees and employers assume that simply by being paid a salary, the employee is exempt from overtime. However, that is not the case. There is a three-part test that must be met in order for an employee to be

Common Exemptions for Salaried Employees

Under the Federal Fair Labor Standards Act (“FLSA”), an employee is considered exempt from overtime pay if they meet certain requirements. First, the employee needs to be paid on a salary basis. Second, the employee must be paid at least the designated minimum weekly salary. Currently, this is at $684 per week under the FLSA

BBB Celebrates National First Responders Day

In honor or National First Responders Day on Friday, October 28, 2022, the Quincy law firm Baker Braverman & Barbadoro, P.C., provided pizzas to all 8 fire houses in Quincy.  National First Responders Day recognizes the heroic men and women who are on the front lines.  BBB was happy to recognize the QFD on this

Is Your Company Prepared for Teen Employees?

As the summer months approach employers will see an influx in applications by teens seeking summer employment. It is surprising how many companies employ teen worker without understanding the Child Labor Laws in Massachusetts. The Massachusetts Child Labor Laws apply to all child workers ages 14 to 18; children under the age of 14 are


When a woman slipped on an accumulation of snow and ice and suffered injuries, she turned to the legal team of Baker, Braverman & Barbadoro, P.C. to represent her and protect her rights. The client, who had pre-existing, long-term arthritis, suffered a left hip fracture. The litigation team conducted an immediate investigation of the premises

BBB welcomes Attorney Kassandra Tat

Baker, Braverman & Barbadoro P.C. (“BBB”), is pleased to announce that Braintree resident Kassandra Tat has recently joined the firm as an Associate. Kassandra comes to the firm from Kostas & Melcher Law, LLC, where she worked as an associate attorney with a concentration in family law, real estate, and litigation. At BBB, Kassandra will

Overview of the American Rescue Plan Act of 2021

The American Rescue Plan Act of 2021 (the “ARPA”) was passed by Congress and signed into law in March, 2021. It includes approximately $1.9 trillion in spending to provide assistance to individuals and businesses as they recover from the COVID-19 pandemic. The below is an overview of key provisions of the ARPA for individuals and


When a woman slipped and fell on an unnatural accumulation of snow and ice fracturing her ankle, she turned to the legal team of Baker, Braverman & Barbadoro, P.C. to protect her rights.  The litigation team conducted an immediate investigation of the premises where the accident occurred, conducted interviews, and collected all relevant data to

Why Divorce Mediation is Right for You

Mediation is the process of resolving your divorce on your own terms.  A mediator works with both parties to help them achieve resolution of their disputes.  Mediation, particularly in the age of the COVID-19, provides several benefits which include: Less expensive than litigation. You avoid the backlog in the Courts providing a more expedient resolution.

BBB Celebrates 25 Years!

The Quincy Law Firm of Baker, Braverman & Barbadoro recently celebrated 25 years of providing Premium Legal Services to Clients in the Greater Boston and South Shore areas. The celebration was held outdoors at the firm’s offices at 300 Crown Colony Drive. Lunch was provided by Montilio’s “On The Go” Wood-Fired Mobile Pizza Oven.  

Six-Figure Settlement Obtained for Motor Vehicle Accident

When an injured woman was involved in a car accident, she turned to Baker, Braverman & Barbadoro, P.C. to protect her rights. The litigation team at BBB lawyers investigated the accident quickly and established liability on the part of another negligent driver. The client’s injuries included a broken hand and a fractured finger. Once the

What does the Foreclosure and Eviction Act Mean for You?

On Monday, April 20th, Massachusetts enacted new landlord, tenant, and mortgage laws related to COVID-19 financial impact that affects residential and commercial properties, including limits on foreclosure laws and eviction proceedings (Chapter 65 of the Acts of 2020). What properties are affected? All residential tenants and certain small business tenants are protected from nonpayment evictions,

The CARES Act: Stimulus, Small Businesses, Safety Net

The 2.2 trillion dollar “Coronavirus Aid, Relief, and Economic Security Act” (the “CARES Act” or the “Act”) was signed by President Trump on March 27, 2020. The sweeping reform provides assistance to individuals and a large sector of businesses. The attorneys at Baker, Braverman & Barbadoro, P.C. (“BB&B” have compiled this list of important provisions

Can two separate provisions of the CARES Act truly provide a lifeline to small businesses?

The CARES Act passed March 27, 2020 provides several different avenues of relief to individuals, small business and large businesses, airlines and healthcare industries, including COVID-19 small business loans and funding.  Packed into this enormous piece of legislation are several provisions for short term loans for small businesses to be provided under the Small Business

Small Business Bankruptcy in the time of COVID-19

The Small Business Reorganization Act of 2019 (SBRA) became effective February 2020, providing a more streamlined process for small businesses to reorganize through bankruptcy without the constraints of several features of Chapter 11 reorganization. The small business provision, known as Subchapter V of chapter 11 of the U.S. Bankruptcy Code, was enacted in August 2019

Michael Barbadoro Appointed First Registrar

Congratulations to Attorney Michael Barbadoro on his appointment as First Assistant Registrar of Probate for Norfolk County. Mike has been an integral part of the BBB team for the last few years specializing in Probate and Litigation matters. As a former 10 year employee of Norfolk Probate and as a practitioner, Mike brings a wealth

Families First Coronavirus Act (FFCA) – Key Provisions for Employers

On March 18th, the U.S. Congress passed and President Trump signed, the Families First Coronavirus Act (“FFCA”). FFCA includes numerous sweeping measures designed to help both families and businesses during the COVID-19 pandemic. What is FFCA? Below is a summary of some of the key provisions of the FFCA 2020 for employers. Emergency Paid Sick

Gatekeepers in Zoning Disputes

Zoning disputes range from single family homes to complex commercial, residential, or mixed use developments. Regardless of the monetary value of the project from a cost-standpoint, the zoning disputes that get to court all have one thing in common – someone owning a nearby property is not happy. Anyone can talk at a local hearing

Client Alert on COVID-19

To reduce the impact of COVID-19 outbreak conditions on businesses, workers, customers, and the public, it is important for all employers to plan now for COVID-19. COVID-19 has the potential to cause extensive outbreaks and because there is no current vaccine, an outbreak may become an extended event, as a result, workplaces may experience: Higher

The Small Business Reorganization Act of 2019

Congress has enacted and on Friday, August 23, 2019 the President signed a bill which will add a new subchapter V to Chapter 11 of the United States Bankruptcy Code designed to streamline the reorganization process for small businesses.  This new law follows some unsuccessful stories about small businesses being unable to successfully reorganize under

Taxes and Insurance and Inspections, Oh My! Considering Actual Costs of Airbnb and other Short-Term Rental Income

According to Airbnb, hosts in Massachusetts earned over $256 million from 1.2 million renters. The growth of private vacation rentals deriving from Airbnb, HomeAway, VRBO, and similar websites has provided extra income for property owners in Massachusetts and additional options for travelers to the state. The tremendous growth, however, has also prompted state and local

New Non-Compete Law Goes Into Effect On October 1st: What It Means For Employers

It has been a long-time coming, but it is finally here, Non-Compete reform in Massachusetts.  The new law, which was recently signed by Governor Baker, places significant restrictions on how employers can use non-compete agreements with employees and independent contractors.  Here are the highlights: The new law, M.G.L. c. 149 §24L (Massachusetts Non-Competition Agreement Act)

Beach Right Disputes: When the Beach is So Close, Yet So Far Away

Like many seaside areas of Massachusetts, Dennis has a sought-after beach on Cape Cod Bay. So much so in fact that access to one particular beach area is the subject of three appellate decisions. The seaside neighborhood in dispute consists of approximately 200 acres, which was developed into residential lots beginning approximately 1903. Generally, the

Reasons Why Financial Advisors Should Partner with Trust and Estate Attorneys when Creating a Client Plan

Unfortunately, a significant percentage of people fail to have any sort of estate planning in place, forcing their families and beneficiaries to navigate the complexities of probate court in order to acquire the deceased person’s property. Probate is a long and costly process, but can often be entirely avoided through proper estate planning and trust

Overview of Business Tax Changes for 2018

The recently enacted Tax Cuts and Jobs Act (“TCJA”) is a sweeping tax package. Here’s an overview of some of the more important business tax changes in the new law. Unless otherwise noted, the changes are effective for tax years beginning in 2018. Corporate tax rates reduced. One of the more significant new law provisions

Are Scholarships Tax-Free?

“I’m delighted to announce that your child has been awarded a scholarship.”  Music to your ears! Now some reality: Scholarships (and fellowships) are generally tax-free, whether for elementary or high school students, for college or graduate students, or for students at accredited vocational schools. It makes no difference whether the scholarship takes the form of

Thinking Of Converting Your Multi-Family Home To A Condominium?

With the skyrocketing real estate values in Greater Boston the last few years, many owners of two, three and four family homes have thought about converting their properties into Condominium ownership so that they can legally sell off one or more units and maximize their total value from the properties.  If you are thinking of

Administering an Estate in the Digital Age

Imagine that a family member has just passed away and you know they have important information stored on the internet. It could be in the cloud, in their email, or on a social media account. How do you access this information? The Massachusetts Supreme Judicial Court (“SJC”) recently decided the case Ajemian v. Yahoo!, Inc.,

Massachusetts Child Labor Laws: Is Your Company in Compliance?

Two prominent franchises were recently found in violation of the child labor laws by the Massachusetts Attorney General’s Office. Burger King was found to have more than 800 child labor violations at stores across the state. Among the violations uncovered were minors working shifts that exceeded the total maximum daily hours allowed or shifts that

Lifespan of Restrictive Covenants on Massachusetts Real Estate

Restrictive covenants are, in a nutshell, private restrictions on the use of land. They are generally disfavored by state law, and developers must adhere to strict guidelines to protect their enforceability beyond a thirty-year period. Restrictive covenants typically arise during residential or commercial developments. Before selling off property, a developer could create restrictions governing certain

How To Prevent Elder Financial Abuse

Massachusetts General Laws define financial exploitation as the substantial monetary or property loss of an elderly person due to an act or omission of another person.  Financial exploitation occurs in the form of internet (or darknet) scams, forging signatures on checks, the illicit use of credit cards and the misuse of a power of attorney. 

Private Medical Insurance Liens Against Your Personal Injury Settlement

You may be surprised to learn that your health insurance provider has the right to assert a lien for the repayment of benefits paid on your behalf with regard to your personal injury case. This is what’s called demand for subrogation.   Subrogation is premised upon the concept that a person should not have their medical

The Bank’s Attorney Is The Bank’s Attorney—Not Yours

When you have decided to purchase a home in Massachusetts, you have undoubtedly made a life-altering expensive decision.  Once the offer to purchase has been accepted by the seller, the first question your broker will likely ask you is whether you intend to hire your own attorney to assist and guide you through the next

SBA Small Business Loans in a Nutshell

Many business owners have heard the term “SBA”, particularly in relation to SBA loans, but are unsure of exactly what the SBA is, how it can help small businesses owners and the types of loan programs that the SBA offers. This article will provide an overview of the SBA, an explanation of typical SBA loans,

Minimize the Pain of Capital Gain

Many people are vaguely aware that if they sell their primary residence they will get some sort of tax break, however many are not sure what the tax break is, how it is calculated or when it applies.  Given the frequent changes to the rules regarding the taxation of capital gain, particularly in regard to

Massachusetts Private Employees are Not Entitled to Paid Vacation Time, But If It Is A Benefit Offered By An Employer, Accrued Unused Time Must Be Paid Out Upon Separation

Although Massachusetts private employers are not required to grant vacation time to their employees, many do as benefit to employment. When an employer decides to offer paid vacation time they must be aware that the vacation time accrued or earned under an oral or written agreement with the employee is treated the same as an

Checkup For Your Docs

As a litigation attorney at Baker, Braverman & Barbadoro, P.C., I am often asked to review documents after a problem arises with an employee, partner, shareholder, vendor or deceased relative.  More often than not, I am explaining to the client that the documents that will serve to control the path of the litigation are outdated

Estate Planning Isn’t Just For The Wealthy!

Everyone over the age of eighteen should have an estate plan, regardless of your net worth. An estate plan consists of documents that control decisions over your person or your affairs if you cannot make those decisions for yourself, or if you pass away. It includes not only the documents that everyone thinks about such

What is an Evergreen Clause and Whose Burden to Prove Renewal?

Evergreen provisions are used in contracts, leases or other agreements that have a fixed maturity date, but the parties anticipate renewals of the term. Such evergreen contracts or leases automatically renew unless one of the parties gives the other notice of their intention not to renew. Generally the contracts will require some period, between one

What’s the difference between PIP and Med Pay coverage on your automobile insurance policy?

In the Commonwealth of Massachusetts, Personal Injury Protection (PIP) coverage is mandatory. PIP pays reasonable expenses for necessary medical services, lost wages, and replacement services to you, your household members, and your vehicle occupants if injured or killed in an auto accident regardless of fault. PIP pays the first $2,000.00 in automobile accident related medical

Looking Through the Haze of the Nonmedical Marijuana Law In Massachusetts

Everyone has already heard that Massachusetts citizens voted to legalize nonmedical marijuana, often referred to as recreational marijuana, and now set forth in Chapter 94G of the General Laws. What legalization means, however, has been a little hazy. This article sets forth an outline of what legalized nonmedical marijuana in Massachusetts means to employers, businesses

Newsletter December 2016

PREMIUM LEGAL SERVICES WITHOUT THE BOSTON PREMIUM Happy Holidays!  This last month of the year always brings a variety of important events in our lives.  A time when we make decisions about our financial and personal affairs.  Here at Baker, Braverman and Barbadoro, we celebrate another year of helping our clients achieve success in their

New Massachusetts Law Bans Gender Pay Discrimination, Pay Secrecy Policies and Prohibits Asking Prospective Employees About Salary History

The Massachusetts Legislature recently enacted a bill that will go into effect in July of 2018 titled “An Act to Establish Pay Equity”, a sweeping new law aimed at ensuring equal pay for comparable work for all Massachusetts employees.   The Act has several important ramifications for employers. First, the new law bans pay discrimination for

Don’t Slide Into Trouble This Summer

Chances are if you have a swimming pool you are aware of many of the safety precautions such as having a fence; displaying signs prohibiting diving (in shallow pools or shallow parts of the pool) and other well-known hazards.  But did you know that there is a federal regulation concerning the safety of pool slides?

BBB hosts Women’s Networking Event

On June 9, 2016 more than twenty women from varying professions including banking, public relations, elder care, financial services, business consulting and entrepreneurs joined Baker, Braverman & Barbardoro, P.C. attorneys Lisa Bond, Susan Molinari, Theresa Barbadoro Koppanati, Elizabeth Caruso and Brandi Cerasuolo for a night of networking, laughs and painting. The event was hosted at

Lisa Bond named Top Women of the Law Nominee by Mass. Lawyers Weekly

Lisa Bond, Esq. has been nominated for Massachusetts Lawyers Weekly Top Women of the Law. Each year Lawyers Weekly honors women attorneys who have made tremendous professional strides and that have demonstrated great accomplishments in the legal field. Attorney Bond has been a lawyer at Baker, Braverman & Barbadoro, P.C. a Quincy based law firm

Elizabeth Caruso invited to present to Stoughton Council on Aging

Recently, Elizabeth Caruso, a probate and elder law/estate planning attorney at Baker, Braverman & Barbadoro, P.C., a Quincy based law firm, presented on basic estate planning and asset protection to a group of senior citizens at the Stoughton Council on Aging as part of a Massachusetts Bar Association sponsored event for Elder Law Month.

SBA announces the return of the 504 loan refinance program

In late May of this year the Small Business Administration (“SBA”) has re-established the debt refinancing program consistent with the more well- known SBA 504 loan programs.  The 504 loan program was historically only available to purchasers of commercial property.  The debt refinancing program, while available several years ago, was temporary.  The program, which expired

Update On Regulations Defining And Delimiting The Overtime Exemptions For Executive, Administrative And Professional Employees

On May 18, 2016 the Department of Labor announced that it will publish a Final Rule updating the exemption of executive, administrative and professional employees from the minimum wage and overtime pay protections of the Fair Labor Standards Act.  The Final Rule updates the salary level required for exemptions to ensure that the Fair Labor

Tips on Filling Out Your Financial Statement Correctly in Divorce Matters

In all divorce cases it is required that the parties each complete a Financial Statement.  The Financial Statements are exchanged between the parties and filed with the Court.  Financial Statements are signed under the pains and penalties of perjury, therefore itis imperative that the information contained on your financial statement be accurate and contain all

BBB mourns the passing of our colleague Attorney Douglas C. Purdy

In Memoriam It is with great sadness that our firm mourns the passing of our colleague and friend Attorney Douglas C. Purdy February 10, 1943 – May 25, 2016 Doug practiced law in Quincy for over 30 years with Serafini, Purdy, DiNardo & Wells and for the last eight years with Baker, Braverman & Barbadoro,

Tips For Landlord Regarding Lien Waivers

Commercial landlords are routinely requested to enter into waivers with tenant lenders and equipment lessors regarding the secured interest that the landlord acquires in the tenant’s personal property either statutorily, in a lease provision, or in bankruptcy. Since landlords succeed when their tenants are successful, landlords usually sign lien waivers without much thought or concern. 

Conservatorship Basics

A Conservator is a person appointed by the court to be responsible for the estate of a person who is unable to manage his or her financial resources for various reasons, including but not limited to, mental and physical illness or disability, chronic drug or alcohol use, confinement, or disappearance. When it becomes clear that

How Does Retirement Affect Your Alimony?

Under the terms of the Alimony Reform Act (“Act”), which took effect on March 1, 2012, general term alimony shall terminate when the payor spouse reaches full retirement age. Retirement age is defined as the age at which the payor is eligible to receive full retirement benefits under the U.S. Old Age, Survivors, and Disability

What Do Business Lawyers Do?

Business lawyers, also referred to as corporate lawyers, assist business owners and business management with corporate legal and regulatory matters. Business lawyers provide counsel on and facilitate the creation of contracts for vendors, employees, clients and third parties. Corporate lawyers navigate the realm between a business and the regulatory environment, ensuring policies adhere to local,

What is an Estate Plan?

An estate plan is not a Will, although a Will is certainly part of a good estate plan.  In a good estate plan, the Will may be the least important document.   If a Will is not an estate plan, then what is? A good estate plan consists of at least three documents: a Will, a

The Snow is Coming, Do I have To Shovel?

With the first major snow storm of 2016 threatening Massachusetts, one question on everyone’s mind, besides whether or not they have enough bread and milk, is “do I really have to shovel?” If you live in Massachusetts the answer is YES! With the passage of the Massachusetts snow removal law in 2010 property owners are

How to Avoid Probate

Many people think that by having a Will they are avoiding the time and expense that comes with the probate process. However, just because you have a Will you do not avoid probate. “Probate” is the process in which a personal representative can gather your assets and re-title them in the name of your heirs.

What Do Tax Lawyers Do?

Taxes and lawyers might not be the most popular topics in America. But Tax Lawyers provide essential service to people and businesses, helping their clients pay as little taxes as possible. To do this, Tax Lawyers use their extensive knowledge of the tax code, as well as decisions in tax-related Court cases. Experts of the

BBB sponsors Student Council Event

On January 14, 2016 Baker, Braverman & Barbadoro, P.C., a Quincy based law firm, sponsored the Southeastern Massachusetts Association of Student Councils’ (S.E.M.A.S.C.) first ever winter conference hosted by Hanover High School. S.E.M.A.S.C. is committed to helping students become leaders in their schools, communities, and within their region. The organization offers a variety of leadership

Lessons from Deflategate

Last year’s debacle surrounding “under-inflated” footballs was a hot topic of discussion. Deflategate was not just about some stitched together pigskin. Rather, the tangled mess of legal proceedings and negotiations produced valuable lessons that every employer should seek to incorporate in their employment contracts and labor procedures. Historically, courts generally do not overturn a decision

What Do Real Estate Lawyers Do?

Real estate lawyers typically serve in one of two functions: as a litigator in court or as an administrator of and advisor to the legal aspects of real estate transactions. As litigators, real estate lawyers may represent financial institutions or the debtors themselves. They represent the parties in a court setting, with the ultimate goals

MassHealth Case Study

Susan and John have been happily married for 51 years. They raised two kids and enjoyed spending time with their grandchildren. They were worried about their estate plan because Susan had recently been diagnosed with Parkinson’s disease and they did not want the costs of her anticipated care to bankrupt them. In 2006, Susan and

Are Your Employee Leave Policies Up To Date?

Significant changes to the laws regulating paid and unpaid employee leave policies become effective in the next few months.  As of July 1, 2015, earned sick leave is a statutorily guaranteed benefit to Massachusetts employees. Pursuant to a referendum passed by voters on November 4, 2014, all businesses with 11 or more employees will have

Baker, Braverman & Barbadoro, P.C. helps give Massachusetts Women and Minority Owned Businesses a Competitive Edge in the Marketplace

For over ten years, Baker, Braverman & Barbadoro’s corporate team has been providing legal advice for qualified candidates applying for certification status through the Massachusetts’ Supplier Diversity Office (SDO). SDO, formerly known as the State Office of Minority and Women Business Assistance, is an agency within the Massachusetts state government that helps promote the development

Is Your Sick Time Policy Up To Date?

As of July 1, 2015, earned sick leave is a statutorily guaranteed benefit to Massachusetts employees. Pursuant to a referendum passed by voters on November 4, 2014, all businesses with 11 or more employees will have to provide paid sick leave and businesses with 10 or less employees will have to provide unpaid sick leave.


The novelist Hammond Ines once wrote “(h)e who lets the sea lull him into a sense of security is in grave danger.” So too, owners of marinas who have lulled themselves into a sense of security that their permitting is shipshape, may find themselves in grave financial danger. Having worked with many owners of marinas

Baker, Braverman & Barbadoro P.C. Attorney Susan Molinari completes PAIR training

Susan Molinari, Esq., an attorney at Baker, Braverman & Barbadoro P.C., recently completed training at The Political Asylum/Immigration Representation Project (PAIR), the premier provider of pro bono immigration legal services to asylum-seekers and immigrants unjustly detained in Massachusetts. The training Molinari attended, entitled “Representing Minors: An Overview of Special Immigrant Juvenile Status”, focused on how to assist

Baker, Braverman & Barbadoro’s Warren Baker reappointed as trustee for South Shore Hospital Charitable Foundation

Warren Baker, a partner at Quincy, MA-based Baker, Braverman & Barbadoro P.C. was recently reappointed as a trustee of South Shore Hospital’s Charitable Foundation. This marks seventh year Baker has served as a trustee for the Hospital’s Foundation. In addition to being a trustee, Baker will serve as the co-chairman of the Foundation’s planning giving

Baker, Braverman & Barbadoro P.C. adds “Lunch ‘n Learn sessions to Speaker’s Bureau offerings

Baker, Braverman & Barbadoro P.C., recently added Lunch ‘n Learn sessions to its speaker’s bureau offerings. The Firm had previously announced a Speaker’s Bureau, consisting of Baker, Braverman & Barbadoro, P.C. attorneys, to speak at events for professional as well as civic organizations. “The Lunch ‘n Learn sessions, which will typically take place during lunch

Elissa Burton joins Baker, Braverman & Barbadoro P.C.

Baker, Braverman & Barbadoro P.C., recently hired Needham resident Elissa Burton as an Associate. Berton comes to the Firm from Seegel Lipshutz & Lo LLP where she worked as an associate attorney with a concentration on estate planning, tax preparation and trust administration. At Baker, Braverman & Barbadoro, P.C., she will continue to work in

Susan Molinari joins Baker, Braverman & Barbadoro P.C.

Canton resident Susan Molinari was recently hired as an attorney by Baker, Braverman & Barbadoro P.C. Molinari previously worked for the Firm as an Attorney 1999 to 2012. She returns to Baker, Braverman & Barbadoro, P.C. after working as the associate director of career services at New England Law. In her return to the Firm,

BBB celebrates Law Day at the Randolph Council on Aging

The Massachusetts Bar Association celebrates Law Day by offering free educational  presentations about elder law throughout the Commonwealth in the month of May. Baker, Braverman and Barbadoro took part in the Elder Law Program by giving a presentation to the Randolph Council on Aging on May 27.   Attorney Peter C. Herbst, Jr spoke on

BBB concludes second successful DOVE drive

In May, Baker, Braverman & Barbadoro P.C. teamed up for a second time with DOVE, a domestic violence assistance organization. This time, the Firm was collecting personal and household items to benefit residents of DOVE’s shelters. With containers in BBB offices on the 5th floor and in the lobby of 300 Crown Colony Drive, the

Theresa Barbadoro of Baker, Braverman & Barbadoro P.C. honored for excellence by Mass. Lawyers Weekly

Theresa Barbadoro Koppanati, an associate at Baker, Braverman & Barbadoro P.C., was recently honored by Massachusetts Lawyers Weekly at its Excellence in the Law event banquet on May 1 at the Fairmont Copley Plaza Hotel in Boston. Ms. Theresa, along with 24 “up and coming” attorneys in the greater Boston area, was recognized for their

Baker, Braverman & Barbadoro P.C. hosts personal items drive for domestic violence and abuse victims

BOSTON, BRAINTREE AND QUINCY, MA: Baker, Braverman & Barbadoro P.C., a dynamic full-service law firm with a team of attorneys catering to individuals, businesses and families throughout Quincy, Braintree, the South Shore and metro Boston areas, has partnered with DOVE, a domestic violence assistance organization, on a drive to collect various personal and household items—toothbrushes,

Baker, Braverman & Barbadoro P.C. hosts food and coat drive for domestic violence and abuse victims

Baker, Braverman & Barbadoro P.C., has partnered with DOVE, a domestic violence assistance organization, on a canned food and coat drive for the month of November. During month of November, Baker, Braverman & Barbadoro, P.C. will be collecting non-perishable food items in containers situated in both their offices at 300 Crown Colony Drive in Quincy

Case Study

Three years ago, siblings Joe and Jane Smith sat down to Christmas dinner with their families. During the meal, Joe’s wife Mary was well. After visiting the doctor shortly thereafter, she was diagnosed with cancer. By Easter, she was gone. How people react to the passing of a loved one varies from individual to individual,

Are Snow Days Pay Days in Massachusetts?

Whenever the forecast calls for a significant winter storm many of us secretly hope for the return of a favorite childhood tradition: the snow day. Given the prevalence of snow storms in the Boston area many employees indeed have the opportunity to enjoy a snow day or two every year. However, many employers are left

Chapter 40B Housing Comprehensive Permit Projects In Foreclosure

Any wise banker, investor or developer formulates an exit strategy before undertaking a new venture. However, when that venture is a comprehensive permit project and the tangled web of Chapter 40B regulations, guidelines, policies and regulatory agreements lack guidance on a particular conundrum, even the savviest participants must venture into uncharted territory. Thus is the

IRS Provides Further Guidance for 2010 Deaths

Nearly twelve months has passed since the end of 2010 and the IRS is still providing guidance for how to treat estates for individuals who died in 2010. In 2010 estates have the option of electing to be subject to the estate tax, or electing out of the estate tax. Why would someone voluntaryily subject

The New Massachusetts Homestead Act

On March 16, 2011 a new Massachusetts Homestead Act (Homestead Act) went into effect, the revised Homestead Act affords even greater protection for property owners. A “Declaration of Estate of Homestead” is a legal document filed at the registry of deeds in the county in which a residential house exists that informs the public that

New Homestead Law Creates Estate Planning Opportunities

Earlier this year revisions to the Homestead Law were enacted dramatically revising the homestead protection available for primary residences. By declaring a homestead in one’s primary residence, you can receive up to $500,000 of creditor protection against certain creditors. It’s akin to an umbrella liability insurance policy but also protects against contract claims in addition

Be “Reasonable” This Winter

As each summer afternoon ends more quickly than the last, our thoughts, as New Englanders, are of Patriots Football, Post Season Red Sox Baseball and the inevitable arrival of winter. This winter, when you head to your local grocery store to pick up some snacks for the game you may notice that the parking lot

Tax Issues Surrounding Long Term Care

Long term care in nursing homes is expensive. More and more often adult children end up paying the expense of nursing home care. If the parent is not eligible for MassHealth or Medicaid paid nursing home costs then they will be paying privately out of pocket for their care. Average nursing home costs are now

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

Should Employers Waive Non-Competes

Employers did you know that waiving or scaling back a non-competition or non-solicitation restriction for departing employees to reduce the cost of severance may come back to haunt you? It is not unusual in this difficult economic time that companies are looking for ways to save money it pays to departing employees by either waiving

Protecting a Business from Competitors

There is nothing wrong with competition. However, when an owner of a convenience store realized that an adjacent gas station planned to increase its footprint and include a full service convenience market he became concerned that the ensuing traffic and safety problems would cause havoc in the area and affect his business. The convenience store

When is a Pre-Marital Agreement Appropriate and Enforceable

The purpose of a Pre-Marital Agreement (also known as a Prenuptial Agreement) is to govern the respective rights of two people contemplating marriage in the event of termination of the marriage by death or divorce. Typically a Pre-Marital Agreement is used where there is a significant disparity in the income and/or assets between the parties,

Planning IRA Distributions

Although advance planning is needed to help accumulate the biggest possible nest egg in your traditional IRAs (including SEP-IRAs and SIMPLE-IRAs), it is even more critical that you get help in planning for distributions from these tax-deferred retirement planning vehicles. There are four areas where knowing the ins and outs of the IRA distribution rules

Making Zoning Regulations Work

In the current economy many businesses are looking for new sources of revenue. Recently, Attorney Peter Herbst assisted the owner of a rock and gravel quarry in adding retail sales to his otherwise wholesale business. While the existing zoning regulations prevented any retail sales at the client’s industrial zoned property, Attorney Herbst crafted a text amendment to

Contractor Avoids Liability On An Ambiguous Contract

When a contractor entered into what he believed to be a straightforward contract with a Home Builder for site work relative to the construction of a single family residential home, the contractor ultimately had to seek the services of Attorney Lisa Bond after he was sued for damages. The contract at issue was on a

Nursing Home Costs

Did you know that a Nursing Home in Massachusetts could cost you over $11,000 per month? How fast would that use up your lifetime savings or the assets you were planning on leaving to your children? With proper planning you may be able to save all that money for your spouse and your heirs! With

Another Good Reason to Purchase Owner’s Title Insurance

When purchasing property, there are many reasons to insure the title to your property. Just as you insure your property against a fire or other casualty loss, you need to protect your property against challenges to your rightful ownership. Title insurance protects you against unforeseen defects in the chain of your title such as a

Veteran’s Pension Benefits

A commonly overlooked benefit for many seniors is a Veteran’s Pension. People over 65 who served our country during a time of war may be eligible for a Veteran’s Pension. Those Veterans who need assistance with daily living may qualify for an additional benefit called Aid and Attendance Benefits. The current maximum pension benefit with

Estate Dispute Resolved prior to Trial

Often when an estate plan is executed close to the time of death or an estate plan favors one heir over others a will contest will ensue. Unfortunately will contests are expensive to litigate because emotions run high among family members and in the end the estate assets will be depleted and the family relationship

Will your Estate lose Assets in Probate Court?

If you or a loved one should be involved in a contested estate, the result may be that there will not be an Executor to take care of important matters quickly causing a substantial loss of money. In one such case involving a multimillion dollar estate the Judge needed to appoint a probate attorney with

Insurance Coverage for Release of Hazardous Waste

Residential property owners that use oil to heat their homes should be aware of the new protection afforded by the amendment to M.G.L. c. 175, §4D. Many people are under the misconception that a leak in their heating oil storage tank that allows oil to migrate into the ground would be covered by their home

Considering Refinancing a Commerical or Residential Mortgage?

With interest rates near historical lows, are you considering refinancing your commercial or residential mortgage to take advantage of today’s lower interest rates, shorten your term of payments or perhaps take additional equity out for an important project? If so, there are a lot of new things for you to consider in today’s changes lending

Buyers of Foreclosed Homes Tempted by Free Title Insurance

The mortgage foreclosure situation is hectic these days. Many Lenders have sold their loans to other companies or packaged them in security “bundles”, the so-called securitization of mortgages. Many of these loans went into default and have been foreclosed and are now “Bank Owned” properties. Naturally banks are anxious to sell off these properties, frequently

Accident Case Settled Without Court

When a retired gentleman was struck by a truck, he turned to Baker, Braverman & Barbadoro, P.C. to protect his rights. Attorney Paul N. Barbadoro lead a litigation attorneys team of BBB lawyers who investigated the accident quickly and found that the truck struck the client as he walked across a busy street. The client’s

Diligent Research Solves Title Issues and Avoids Costly Litigation

Prior to closing, an owner of a residential dwelling was informed by the buyer’s attorney that the title to the real estate was not marketable because documents within the chain of title did not sufficiently confirm the existence of a corporate entity or the identity of the corporate officers or the trustees or beneficiaries of

Implementation of the Uniform Probate Code

In January 2009, Governor Deval L. Patrick signed into law probate reforms that have been debated in the Commonwealth for nearly 20 years which is known as the Uniform Probate Code (“UPC”). The UPC comes into full effect on July 1, 2011, with the exception of the guardianship provisions which become effective on July 1,

Alternative Dispute Resolution: Is it for You?

In these tough economic times, going to court can be an expensive and time consuming manner in which to come to a resolution of a dispute. Alternative dispute resolution options are becoming a more popular way to resolve legal matters without the frustration of waiting for a court date and without incurring the expense of

Massachusetts 2009 Child Support Guidelines

As of January 1, 2009 the calculation of child support payments in Massachusetts has been changed. The new worksheet has been designed so that the income and certain of expenses of both the payor and the recipient are taken into consideration when calculating the final support order. The Child Support Guidelines apply to cases involving

Performance Bonds And Priority Of Article 9 Security Interests

The current recession has been particularly difficult for the construction industry. With some projects faltering and credit tight, property owners, contractors and lenders are struggling to assess risk. For construction projects where completion is secured by a performance bond, it is important to understand the basic legal rights of all those concerned. Generally, when a

Commercial Lending Update

The Federal Reserve recently surveyed senior loan officers from 60 large domestic banking institutions and the U.S. agencies of 24 foreign banks. The results: In the fourth quarter of 2008, 87 percent of loan officers said they have tightened their lending standards for commercial real estate loans. Banks are pointing to uncertain economic outlook, a

Receiving an Inheritance While on Medicaid

For most people, receiving an inheritance is something good, but not for a nursing home resident on Medicaid. Medicaid has strict income and resource limits, so an inheritance can cause a Medicaid recipient to be ineligible for benefits. At the present time a single individual is limited to $2,000.00 in countable assets and all income

Unfair Debt Collection

Are you being harassed by Debt Collectors? If so, here is what you need to know to proect yourself—You have rights! The Massachusetts Consumer Protection Act, the Massachusetts Attorney General’s Debt Collection Regulations, and the Federal Fair Debt Collection Practices Act protects consumers against invasion of privacy, abuse, debt collection harassment and other wrongful conduct

Massachusetts Smart Growth

The Massachusetts Legislature has recently implemented new legislation designed to increase the stock of affordable housing in the Commonwealth. Chapter 40R, otherwise known as the “Smart Growth Zoning Act,” will also help cities and towns meet their affordable housing goals in conjunction with Chapter 40B. The Act encourages municipalities to create smart growth zoning overlay

Cobra Update

The Department of Labor and the Employee Benefits Security Administration have begun enforcing new regulations relating to employee health care continuation coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”). The new federal regulations impose two new notice requirements and modify four existing notice requirements for plan administrators, employers, and qualified beneficiaries under

Avoiding a Will Contest

A Will contest is a legal proceeding that challenges the validly of a Will and/or the terms of a Will. Did you know that a Will contest can result in a considerable delay in the distribution of your assets to your loved ones? Did you know that the costs of a Will contest are paid