Petition to Partition

What if one co-owner of real estate wants to sell, and the other co-owner does not? When Real Estate Owners Cannot Agree Short answer: Petition to Partition. Owning real estate, just land or land with improvements is desired by many. Although ownership of real estate is considered an asset, it often entails obligations, such as…
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Division of Assets in Divorce Proceedings

Marital property is defined as all the assets, real estate, interests, etc. obtained during the marriage. This includes the marital home, investment properties, bank accounts (regardless of whether they were individually or jointly held), retirement accounts, vehicles (even if they are currently financed), personal property (furniture, jewelry, etc.), and everything else you may have come…
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Man adn woman shouting at each other with megaphones across chasm

Legal Aspects of Divorce in Massachusetts

Fault and No-Fault Divorce in Massachusetts Divorce is the legal termination of a marital union by a court in a legal proceeding. All divorce involves a party’s petition or complaint for divorce. Laws guiding the process of divorce vary from state to state. Historically, a party had to prove the other party was at fault…
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Alimony by the Numbers

How much alimony will I need to pay/how much alimony will I receive? If you are contemplating divorce, one of the many issues of concern is alimony. Massachusetts General Laws define alimony as “the periodic payment of support to a recipient spouse who is economically dependent. “ Although the Probate Court Judges are given discretion…
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Scams & Financial Abuse

Elders are often victims because they may be cognitively impaired. They’re often alone or have no one with whom they can confer; no one to watch over them. They often have a lifetime worth of assets, making them all the more attractive to criminals. Diminished capacity and assets feed opportunistic cyber criminals. The two main…
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Reverse Mortgage, HECM

Retirement Planning & Home Equity

Accessing Home Equity For the majority of older Americans thinking about retirement planning, their single greatest asset is their home. Today’s seniors are facing a confluence of factors which make maintaining their standard of living, and providing for their care increasingly difficult. The average 75 year old American has less than $30k in liquid savings,…
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Harassment Prevention Orders and Your Attorney-in-Fact

Following the 2015 Massachusetts Appeals Court decision in Petriello v. Indresano it is established law that your attorney-in-fact may seek a harassment prevention order under M.G.L. c. 258E. This result can prove to be a double edged sword in the context of elder abuse. This ruling in one sense champion’s elders rights as a legitimate…
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