John Thomas Gosselin's Answers

Credit Card Default/Summons

You said it yourself already! The best thing you can do with a creditor is to be honest and forthright and to communicate as proactively as possible. Ask for a payment plan and try to stick to it. Don't get trapped by a debt consolidation scheme or be lured to go bankrupt over a single debt like this.

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Is it possible to use the loan on a camper trailer as a 2nd home mortgage write off

I am a Massachusetts lawyer. Generally speaking the IRS defines a second home as a place or vehicle (such as a boat or RV) that includes a self contained toilet, a means of preparing a hot meal and sleeping arrangements. A camper trailer is a vague term, I do not believe that a "fifth wheel" type camper is what the IRS has in mind, but rather a Winnebago type vehicle, but I may be wrong. You should speak with your tax advisor before proceeding.

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Mortgage

The homestead law in Massachusetts allows any homeowner over 18 to protect up to $500,000 from a judgment creditor. there is no longer a distinction for elderly and ordinary. The homestead offers no protection from existing liens, secured creditors (except as to deficiency) and Medicaid/MassHealth. It is $35 to record a homestead and most state registry of deeds offices will assist you putting a homestead on your property without the necessity of a lawyer.

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I am in the U.S. on a student visa, can my parents buy real property under my name, what happens when my visa expires

Non-US persons can buy real estate in the US but are subject to FIRPTA regulations on the sale of the property, essentially FIRPTA is a mandatory withholding of a portion of the sales proceeds to effectively require the non-US person to file an capital gains tax return and pay any due taxes. The FIRPTA tax is avoidable through the use of a US based holding company or LLC. As for immigration, owning property in the US may be a positive factor in any immigration situation, but is not, by itself,...

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What does "no blood, no money" mean

Simply, when one dies without a will only those people with a legal relation to the decedent would have rights to inherit. In Mass, this includes adopted and 1/2 blood relations equally.

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I am letting a neighbor use my property for a landscaping drain pipe. Can he get any rights or claim any of my land because of

Under common law a use by another of your property with your permission could not create any permanent interest in real property absent a writing (that is to say if it was a hostile or not permitted use it could create a permanent interest after the passage of time), but that would be cold comfort for you or a future owner faced with someone claiming that an easement was granted for his drainage or worse an ownership interest in the strip of land. I think you best bet is to ask your neighbor...

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When is the best time to apply for Medicaid?

Do not wait to do an asset protection plan. We can qualify her immediately for care and at a minimum provide you with the highest possible savings allowed under law for your mother's limited resources. You should contact an elder law attorney immediately, either our office or another member of the National Academy of Elder Law Attorneys. We can also assist with having the proper legal documents in place, communicating with the nursing facility and assuring that you receive state Medicaid...

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Condo Deed Title when buying with adult children

There are a number items to consider under Massachusetts state real estate law, municipal tax law in Boston and Federal estate tax law. First, Massachusetts does not require parties to attend a real estate closing in person, but rather you can be represented by an attorney acting under a written power of attorney. Second, under Massachusetts law you should consider whether this is intended to be a gift (you mention fairness) or whether this is merely an investment for your convenience and...

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Notice of encroachment removal

Well, this is as much a diplomatic question as a legal question. First, surveys actually change from year to year to the movement in magetic North (seriously, the world changes every day, over several years it can be feet). I would be very careful relying on a survey when you know that your neighbor is on notice and prone to volatile reactions. Second, the nature of the work you propose (removing hedges and relocating walls is essentially irreversible. I would suggest understanding the...

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Employee in Mental Ward

I believe that both Massachusetts and Federal law include a mental health issue as any other medical disability, because of this, you will need to follow several regulations in any termination. These regulations depend on the size of your company, the larger you are the more significant are your obligations. The FMLA provides for unpaid leave, you may also have accrued benefits payable or long term disability insurance available to the employee that may effect your rights as an employer as...

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