Patricia Bloom-McDonald's Answers

Guardian ad litem in Massachusetts - elderly guardianships

A G.A.L. is an appointed officer of the court to represent the best interest of the ward, in this case the elderly client. The G.A.L. is obligated to advocate for the client by obtaining all information pertaining to all parties involved to make the best and most educated report to the court. Ususally that means interviewing all parties, obtaining records, including but not limted to financial, medical, and legal, to assist in reporting to the court the best recomendation for the client. The...

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Executor wants payment from the estate for being the executor

In Massachusetts, the executor may charge a "reasonable' fee for his/her services. The generally accepted fee is approximately $25.00 per hour, however the executor must keep very very accurate records as to what he did, how much time he expended, and how difficult a task it was. The heirs will have an opportunity to object by refusing to consent to the accounting. However, the Will may dictate a specific amount that the Executor can charge.

Release of Life Estate?

Without seeing the actual Deed or Deeds it is difficult to give an accurate answer to your particular situation. However, if I understand your question, your Grandparents gave a future interest of their real estate to your Father but held a life estate, meaning they held the right to own the house for their benefit for the rest of their lives. Your father would only get full ownership of the property at the time both of your grandparents either passed away or relinquished their life estate....

Need pro bono attorney or attorney willing to allow me to make small payments rather than holding a retainer.

I recomend that you contact legal aide to assist you. If you qualify financailly they will help you file a formal petition with the court, if you can prove that you are indeed the father of the child.

Can a guardianship agreement be modified or reversed

You can petition the court to have the guardinship modified or reversed. The original reasons put forth for the guardianship will certainly be reviewed to see how circumstances have changed. You should contact a lawyer to assist you with this, or if you cannont afford a lawyer the courts will appoint one to represent you. Go to the Probate and Fmaily Court where the child lives and ask the Court Clerk who to talk to who can help you in this matter.

Tenants in common investor dispute

There are several issue that should be addressed in your inquiry. 1. How to protect your interests on other properties if something happens with the condo in question; 2. Possible litigation between you and the other investor if a lease is not signed by both tenants in common; and 3. Liability towards the actual Leasee (tenant). I would recomend that you seek an attorney's advice in person. Please call me if I can be of assistance.

Can I use small claims court against a tenant in common to share expenses?

I commend you for keeping acurate records of the expenses, what you have paid and what your partner's share should be. When you go to sell the house you may be able to recoupe some or all of the costs you expended on behalf of your partner. I recomend that you write a letter to your partner, send it certified-return-receipt so you have a record that he received it, explaining that you are carrying his share of the costs and expect to get reimbursed at the time of the sale. Alternatively, an...

My Landlord has violated the "quiet enjoyment of my unit" as well as entering my unit without permission.

First off, read your lease carefully to see exactly what kind of notice and rights of access the LL has to your apartment. Then, if he violated the lease, write him a letter - mail it certified, return receipt so you have a copy of his receiving it. Explain to him very nicely that according to the lease he is in violation. Explain that you would want him to conform to the lease terms as he expects you to. However, keep in mind that, unless your lease is about to expire and you are going to...

How do i go about getting a motion heard in front of judge in probate court in massachusetts?

Go to the Clerk's office in the Suffolk County Probate and Family Court, tell them you are PRO SE, and aks them to assist you in filing the Motion. OR ask them to tell you who the Attorney of the Day is and get that Attorney to help you, usually at no cost.

Does an existing fence between two adjoining properties have any legal standing

inanimate objects do not hold any legal standing. I survey of the two properties should be completed to determine whose property the fence is on. Both parties should share in the cost of the survey.