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John Thomas Gosselin

John Gosselin’s Answers

81 total


  • How do I transfer durable power of attorney to another family member?

    My father had a stroke in the summer of last year , resulting in paralysis of his left side . I became his POA , with no one else listed as successors , etc . . He is currently in a nursing facility about an hour away from my current residen...

    John’s Answer

    Since your father is mentally competent, he can and should execute a new power of attorney naming his brother that also revokes his current power of attorney naming you. The new power of attorney should also name a successor power of attorney. I would also recommend that he take this opportunity to consult an elder law attorney and sign a health care proxy and HIPAA release as well. It could also be a good chance to do some long term care planning, should the need ever arise.

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  • Can a lease contain a clause that allows a reality agency to enter the apartment with only one hour notice?

    I live in Alston , I am subleasing with one roommate who has a full lease . The reality agency calls almost everyday and today gave only 40 minutes notice before trying to enter apartment . After I turned them away the manager called me to yell...

    John’s Answer

    This may be spelled out in the lease itself. I'd start by looking that over. It may just have a catchall term describing the notice needed as "reasonable". Whether or not an hour is reasonable is arguable, but certainly check the lease.

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  • I am wondering if me and my siblings are entitled to my deceased fathers' retroactive disability payment?

    He passed march 2012 but had applied for disability almost 4 years prior. He was waiting on a decision from the appeal when he died. He married my step mother about 2 years after he originally applied for it. She received the money he won in the a...

    John’s Answer

    The fact that your father and stepmother were not married when your father initially applied for disability benefits is not dispositive of the issue at hand. The retroactive disability benefits were paid posthumously to your father by way of his probate estate.

    In the event that your father left a validly probated Last Will and Testament thereby devising the residuary of his estate to your stepmother, your stepmother would have been properly entitled to the retroactive disability payments.

    In the event that your father did not leave a Last Will and Testament, the intestacy statutes pursuant to Massachusetts law would control the ultimate disposition of the retroactive disability benefits, in which case, your stepmother would have been entitled to the first One Hundred Thousand ($100,000.00) Dollars and one-half (1/2) of the balance of the intestate share, with the balance due your father’s descendants.

    I suggest you speak with an attorney who can go over all the information with you, and review all the facts and options.

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  • Do I need legitimate proof/evidence to kick out a tenant?

    I recently have a tenant that moved in two months ago and she has had a guest(boyfriend) live with her since she moved in. She was the only tenant in the lease contract. The lease contract does say that any guest staying more than a short period o...

    John’s Answer

    My first question is: You need to look to the lease to see how it addresses this. If it’s a violation of the lease, you need to look to the lease to see how violations are addressed.

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  • Discharged foreign Personal Representative

    If a person was named as a personal representative in a foreign jurisdiction and was discharged, how does that effect opening an estate in Massachusetts for litigation? Do we now need to do a full informal estate petition?

    John’s Answer

    Like the other attorneys have indicated, more information is needed to clarify this question. I assume that the decedent was a Massachusetts resident. If that is the case, a Personal Representative would need to be appointed here first, and you would get an ancillary Personal Representative appointed in the secondary state, where probate property was located. The Ancillary Personal Representative would have a duty to distribute back to the Massachusetts Personal Representative. If the Ancillary Personal Representative does this and files all the necessary documents and accounting, then they would in fact get discharged. However, this would not affect the status of the estate in Massachusetts. That would remain open for litigation with the Personal Representative still in place.

    If you need help with this issue, please do not hesitate to contact my office.

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  • Condo in MA: can a 6d certificate be signed if only a majority (not unanimous) of the Trust states we're financially clear?

    Condo docs say Trust must act on its powers with unanimous agreement among Trustees. MGL chapter 183a section 6 says Trust can file a lien if Owner defaults on any payment. The majority of the Trust says we're not in default of any payment. A m...

    John’s Answer

    The 6d certificate is intended to protect potential buyers and their lenders from superior liens in the event of a legal action by the condominium trust. Without this certificate in hand you will have great difficulty convincing any even minimally knowledgeable buyer to proceed with the sale. Your condominium documents call for a unanimous vote of the trustees, this would ordinarily supercede the MGL (and the trust should so state). You do not mention the debt that the trustees are referring to. If it is an invalid debt or fictitious or they are acting out of malice you might threaten or pursue equitable remedies by going to court and compelling them to declare the reason for their withholding of consent. I sense that there is more to the is story and you should inquire deeper as to the trustees that are not consenting to better understand their motivation.

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  • What would be the best defense against a "Petition to Partition"? Also does a declaration of homestead offer me any protection?

    My mother passed away in Feb of this year leaving the house to me, my brother and sister there is no mortgage or monies owed. I am the only one living in the house and assuming all payments and responsibility. The other 2 have no obligations to th...

    John’s Answer

    Sir,

    You have few options in this case as it is not a case of landlord/tenant where you may have special rights, but rather a situation of co-ownership. With that said, some judges may choose to allow you an extended period to respond to pleadings or to vacate the premises due to your disability, but this is only of temporary benefit to you. You may also have a 'quantum meruit' claim for the difference in the value of your contribution for maintenance and taxes less a fair market rent. In any event you should seek legal counsel and consider your housing options.

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  • A will says money can be held in trust up until the age of 35, but it has been put into a custodial account in MA.

    The will says the money can be held in trust up until the age of 35. Some of the money has been placed into a custodial account in MA. These accounts normally switch ownership at the age of majority. Is the money able to be kept until 35 despite i...

    John’s Answer

    The short answer is "no", money held in custodial accounts belong to the minor for probate purposes. This means that at death of the custodian the money passes to the control of the minor's parent for the duration of the child's minority (normally 18, but could be 21) and then passes to the child outright upon attaining the relevant age. The will will only control the disposition of that which passes by probate, ordinarily those assets only in the name of the decedent.

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  • What does "no blood, no money" mean

    What does "no blood, no money" mean

    John’s Answer

    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

    I am letting a neighbor use my property for a landscaping drain pipe for the past 5 years . Can he get any rights or claim any of my land because of this?

    John’s Answer

    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 to have his lawyer draw up a very simple license, easement or use agreement (depending on the magnitude of the use) that could either be recorded or put in a drawer so that in future years it is clear exactly what rights were and were not granted.

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