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Mark Twombly Lee

Mark Lee’s Answers

59 total

  • Where can I find pro bono, low cost, or attorneys that accept payment plans in central massachusetts area?

    Specifically Worcester county..Leominster MA. I just cant afford the up front retainer fees the majority of lawyers ask for. Also the legal aid places seem to only take on domestic violence cases. I am looking for one who specializes in custody DC...

    Mark’s Answer

    Right here or consult the limited assistance representation list (LAR) in the worcester probate court.

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  • My husband and I broke up about 3 years ago but are not legally divorced. He wants shared custody of my son

    but i am concerned for my son's well being because ex is emotionally abusive and my son refuses to see him much of the time. What can i do to keep him from getting custody and protect my son?

    Mark’s Answer

    The answer to this is in your recital of the facts: your son is not doing alot of time with his Dad...temporary. orders in a divorce are not based on what the parties "want" in a parenting order,but what they have actually done. This can be established by affidavit. If you havent been doing shared custody for the last three years, you have nothing to worry about.

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  • Can a non-custodial parent seek education placement out of State without the permission of the custodial parent?

    Father lives in GA. Mother lives in MA. Mother has sole physical,legal custody. Step mother (with no rights) and father (with visitation only) disagree with Mother's (sole guardians) decision regarding education. Noncustodials have sought alternat...

    Mark’s Answer

    I read your facts to say that Dad and his new spouse are interferring with your deicsion making and placements. If you have sole custody and legal custody, you probably have to share information with these persons which doesn't make accessing records so important. If your understanding of your sole legal custody is accurate, you have every right to copy the court order setting this status to the educators and evaluators being solicited. Once they get the sense they are being put in the middle, they will decline further involvement.

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  • A GAL/Next Friend appointed by the Family Court for an adult is what? The person's counsel? Guardian? Both? Neither?

    In MGL 208 Sec 15 states: "If during the pendency of an action for divorce the defendant is incapacitated by reason of mental illness, the court shall appoint a suitable guardian to appear and answer in like manner as a guardian for an infant defe...

    Mark’s Answer

    • Selected as best answer

    I have actually served as a guardian ad litem in this capacity for persons who were either physically or mentally disabled or disadvantaged or unable, in a way that was appreciable to everyone in the courtroom, to understand asset division and the long term effects of divorce - beyond the actual judgment. Generally, I have served to "approve" agreeements that were entered on behalf of the persons I have represented. The relationship is not attorney/client: it is one of substituted judgment on behalf of the person I have been appointed for: is this agreement in the best interest of the person whose interests I am representing on behalf of the court. The fact that one has been appointed in your case should not prevent you from putting on your own case or testifying as to what you want to see happen in your divorce. I would be interested to know under what facts the judge denied your request for the termination of the guardian ad litem - did you have a motion before the court? Was the request denied because it was not properly before the court? Of any of the people I have represented in this capacity - none produced medical certificates or had objections to tthe appointment. I would see an attorney about this and level with the attorney about the facts and circumstances surrounding the appointment and what behavior casued the court to think you might be advantaged by someone else's substituted judgment on your behalf.

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  • I received an overpayment in the amount of 1100.00 from a pension plan. The former employer contacted and told me this was due.

    to me. What else did I do but of course to say send it. One year later 2012, the former employer contacted me and said they over paid me. They never verified the overpayment. I stated that I never contacted them, they contacted me. The compan...

    Mark’s Answer

    I am intrigued that they paid you $1,100.00 dollars and did not send you a 1099 in 2011 - but then threaten you with IRS reporting and DOL reporting. They should have reported the income to you in 2011 and you should have included their 1099 with your return. If this wasn't done, it makes me question the legitimacy of the payment in the first place. I would write the company's attorney and ask for a written explanation of the first payment and how the error was made. This is afterall, your pension plan and if they are making these kinds of errors with your plan's money, I would be concerned. I would also query, if you are in payout status, why they can't charge periodic repayments to your current payments until the sum is repaid. Hope this helps.

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  • I broke an oral agreement about staying in a rented apartment. Is there any way to get back some of the money which I paid?

    My friend offered to let me stay in her apartment for three months. She is not the actual landlord but is a tenant who offered to let a friend (me) stay at this apartment while she is away for the summer. I accepted this offer. We decided to split...

    Mark’s Answer

    You can probably file a small claims complaint for the total sum and request a return of a prorated amount - $1137 less thirteen days or pay for the month you were in residence. The problem you are going to face is the statute of frauds rule that requires any contract over $500 dollars to be in writing - if this rule is still in effect in your jurisdiction, you may have a problem. I am hoping you put something in the memo on the payment.

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  • How do I revoke a family trust in furtherance of obtaining a loan modification?

    My lender indicates they will not approve a loan modification on a property held in trust. How do I revoke the trust in order to obtain the loan modification?

    Mark’s Answer

    Depends on the kind of trust the property is held in and whether or not the property is the sole asset of the trust and if conveying it to the beneficiaries for purposes of the loan modification would terminate the trust contrary to the provisions of the trust. First I assume you are the sole beneficiary or that you and all of the current beneficiaries are in agreement on obtaining a loan modification. For properties held in nominee realty trusts or revocable intervivos estate planning trusts, (without provisions against early termination) the process is usually as easy as conveying the property to the beneficiaries for purposes of the modification and moving it back into the trust afterwards - provided there is no restriction against doing so in the trust itself and the action would not result in a termination of the trust.

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  • Do you think i have a change on getting them back in to my custody

    i just want my children back in my house with me they do not want to be at there ghrandparents house and the grandmother is making it impossable to work with i ask her over for lunch and try everything she just doesnt want to work with me what wou...

    Mark’s Answer

    Grandparents who are awarded custody because of parental unfitness are often difficult to work with. You should not be wasting your time with any legal action until all open matters on your "bad record" are closed and there are no criminal complaints pending against you. If you have medical or mental health issues you should also have a treatment plan and be compliant with that treatment plan before appearing in court, asserting your parental fitness and requesting that the guardianship that gave the grandparents custody be vacated. If the issue is they are not following court orders on visits with you, file a complaint for contempt to bring the matter before a judge.

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  • Can i get custody back of my 16 yr old daughter from her father if she wants to move back with me..we have joint custody?

    My daughter had previously lived with me up until just 7 months ago. She moved with my sister in virginia...me and the father agreed to this. She only stayed 3 months and then decided to move wth her father. We both also agreed to this. Its been a...

    Mark’s Answer

    You lose jurisdiction in this state after the child has resided elsewhere outside of the Commonwealth for six months. If you have an open action in Massachusetts, the six month period is tolled. My "legal" answer to this fact pattern would be to file and serve a complaint for modification upon Dad to toll the six month time period and move for her to return here for school purposes. My "practical" answer is it sounds like this sixteen year old has been driving her own bus for a while and her dad is only "somewhat" committed to her. What is to prevent her from traveling back to Massachusetts - in some ways, she called the shots on moving between your sister's and her dad's. In any event, you need counsel: you have jurisdiction issues on top of removal issues combined with parental fitness allegations - all of which must feel overwhelming. You need an attorney to separate the legal issues and help you proceed.

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  • What can I do to ensure that my son (5 yrs old) does not have to talk on the phone to his father?

    Father lives in CA and has not lived in our state since son was 8 months. I have primary physical custody and court papers saying that he has rights to phone calls within reasonable limits. I have withheld these calls from son because his father...

    Mark’s Answer

    • Selected as best answer

    The title that appears under your question had me concerned but once you read your facts, I think your protective concerns are legitimate, especially since the only relationship Father and child appears to have is phone contact; you don't mention trips he makes to see his child, vacations they take, or gifts they exchange and the contact you are mentioning does sound like the kind that only creates conflict within the child. To protect yourself from a contempt charge for refusing to take his calls, file a complaint for modification stating why you wish to ceasse phone contact or requesting to establish a set time and schedule, serve him with the complaint and then do what you need to doto protect your child. From what you are describing, Dad will not appear for a pre-trial hearing on this complaint and you will be able to propose your own judgment at hearing.

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