Which financial powers can be granted through a power of attorney during incarceration in MA?
Detailed Answer — Financial powers that can be granted by power of attorney while incarcerated (Massachusetts) Hypothetical facts: John, a Massachusetts resident, is jailed pending resolution of charges for 6 months. He wants his sister to pay his rent, manage his bank accounts, collect paychecks and government benefits, and sell a car or sign other […]
Read article →What formal requirements ensure a power of attorney executed in prison is legally valid in MA?
How to make a power of attorney signed in prison legally valid under Massachusetts law Short answer: To make a power of attorney (POA) executed in a Massachusetts prison as reliable as possible, the principal must have capacity, sign a clear POA form, and complete the formal acknowledgement and authentication steps that Massachusetts law and […]
Read article →How does the diminished value process work if I do not own my car? (MA)
Frequently Asked Question: Diminished Value Claims When You Do Not Own the Car Detailed answer: How diminished value works in Massachusetts when you don’t own the vehicle When a vehicle is damaged in an accident, “diminished value” refers to the loss in market value that remains after repairs. If you do not own the car […]
Read article →Do wrongful death proceeds pass according to the decedent's will in Massachusetts (MA)?
How Massachusetts law treats wrongful death recoveries and whether they follow the decedent's will Detailed Answer Short answer: Generally no. Under Massachusetts law, wrongful death recoveries are governed by the Massachusetts wrongful death statute and are not distributed simply according to the decedent’s Last Will and Testament. Instead, the statute creates a separate, statutory right […]
Read article →Can I Open an Estate and Become the Personal Representative in Massachusetts if I Am the Mother-in-Law?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation. Detailed Answer Under Massachusetts law, a personal representative (PR) handles estate administration after someone dies. If the decedent left a valid will, the will usually names a PR. If there is no […]
Read article →How Can I Probate an Unwitnessed or Unnotarized Will in MA?
Detailed Answer Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified probate attorney for guidance on your specific situation. 1. Massachusetts Formalities for a Valid Will Under Massachusetts law, a valid will must: Be in writing. Be signed by the testator (the person creating the will). Be […]
Read article →How Can Beneficiaries Challenge a Trustee Who Misuses Trust Funds in Massachusetts?
Disclaimer: This article is for educational purposes only and is not legal advice. Detailed Answer Under Massachusetts law, trustees owe strict fiduciary duties to beneficiaries. These duties include loyalty, impartiality, prudent administration, and following the trust’s terms (M.G.L. c.203E, §405). Misuse of trust funds—such as self-dealing, unauthorized loans, or personal use of assets—constitutes a breach […]
Read article →How Can I Obtain Proof of Lost Wages When My Former Employer Will Not Provide Payroll Records in MA?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation. Detailed Answer When your former employer refuses to provide payroll records, you can still document lost wages by compiling alternative evidence, invoking Massachusetts recordkeeping laws, and, if necessary, seeking enforcement through state […]
Read article →How can original wills and codicils be located and verified before opening probate in Massachusetts?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer: Locating and Verifying Original Wills and Codicils in Massachusetts Under Massachusetts law, probate cannot proceed without the decedent’s original will or codicils. Here’s how to locate and verify these documents before filing a petition: 1. Contact the Decedent’s Attorney […]
Read article →What Options Exist for Selling or Transferring Real Property When an Heir Is a Minor Child Who Cannot Consent in Massachusetts?
Disclaimer: This blog post provides general information and is not legal advice. Consult a qualified attorney about your specific situation. Detailed Answer Under Massachusetts law, a minor cannot directly sell or transfer real property. You must obtain court approval or appoint a fiduciary to act on the minor’s behalf. Key options include: 1. Appoint a […]
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