In a word—no. Massachusetts law tends to favor tenants. This is understandable, as tenants have their home to lose, but it can lead to frustrating situations when a tenant is uncooperative, remiss in paying rent, or blatantly disrespectful to the property and its furnishings. The law in Massachusetts allows landlords to collect a security deposit […]
My Aged Parents Refuse to Discuss End-of-Life Care and Getting Their Affairs in Order
No one is keen to discuss “the End,” as if talking about it will somehow hasten it, or not talking about it might prevent it from happening! By encouraging your parents to prepare for the end of their lives, you are not only acting as a responsible and loving child, but you are saving time, […]
My fiancé and I are not particularly wealthy, but we are established professionals. Would we benefit from a prenup?
You and your fiancé would be wise to consider a prenuptial agreement, or “prenup” as it has come to be known. In fact, most, if not all, couples would benefit from a prenuptial agreement. Objections to getting a prenuptial agreement usually come in one of two categories. The first kind asserts that there is no […]
Premises Liability: The Limits of a Host’s Duty of Care
Under Massachusetts’ law of premises liability, a homeowner’s duty of care to her guests includes keeping her property in reasonably safe condition. This means, among other things, guarding against conditions that could cause reasonably foreseeable injuries to guests. It might involve, for instance, taking steps to prevent foreseeable injury caused by third parties who come […]
Massachusetts Divorce And Accurate Financial Statements
There are many reasons why couples or sometimes just one spouse decides that the marriage is over and files for divorce. Certainly money or the lack thereof is often THE contributing factor to marital discord. Finances play a big part in any divorce. In Massachusetts, once divorce papers are filed by both spouses or just […]
How the New Recreational Marijuana Law effect Employer’s Policies
On November 8, 2016, Massachusetts voted in favor of legalizing the possession and use of marijuana for recreational purposes, joining a growing number of states that have passed similar laws. This means that most employers will have to address employee use of marijuana in the workplace. Under the new law, an individual who is 21 […]
Divorce and The Best Interests of the Child
When you’re going through the divorce process and managing the child support and custody issues, you’ll hear the term “best interests of the child.” Generally, the court will consider the new family lifestyle after a divorce and where the court feels the child will best be able to adapt to the new changes. It is […]
Divorced spouses may be entitled to a bigger Social Security Check
Did you know that as a divorced spouse you may be entitled to collect both spousal (your ex is living) benefits and survivor (your ex is deceased) retirement benefits on your ex-partner’s employment record. This is true regardless of whether your ex has remarried. This can be especially beneficial if you were the lower earning […]
Massachusetts Receivership
Pursuant to General Laws, Chapter 111§127I, the Attorney General’s Office or the Town/City Solicitor is empowered to bring a Petition for Receivership to appoint a Receiver to correct safety and sanitary code violations when the owner has failed, after notice, to maintain the Property. Once sparingly utilized, this statute has become extremely helpful throughout Massachusetts, […]
Massachusetts to Approve Limits on Non-Compete Agreements
Massachusetts is seeking to approve a bill that would impose strict new limits on non-compete agreements. This would be especially appealing to start-ups and skilled tech workers. The attorneys at Phillips, Gerstein & Channen are informed and in tune with the proposed law and its applicability to existing businesses and employees who may have signed […]