James Thomas Kinder’s Answers

James Thomas Kinder

Dover Divorce / Separation Lawyer.

Contributor Level 14
  1. Trustee Resignation Letter

    Answered 7 months ago.

    1. James Thomas Kinder
    2. Estela Matta
    3. Pearlette Vivian Toussant
    3 lawyer answers

    The attorneys here on AVVO are precluded from dispensing the information you are requesting now, which is tantamount to legal advice. If you are uncertain as to which course to take, please consult with an Estate Planning Attorney in your area. A few dollars spent now will save you a lot of money, time, and aggravation down the road.

    5 lawyers agreed with this answer

  2. My father created a family trust but didn't name the independent trustee on the trust's bank account only my mom's name is on it

    Answered 7 months ago.

    1. James Thomas Kinder
    2. Brian C. Snell
    3. E. Alexandra Golden
    4. Stephen Daniel Karpf
    4 lawyer answers

    You really need to sit down with an Estate Planning Attorney and have them review the Trust Document itself. Whether you can dissolve the Trust in the manner you've expressed is heavily dependent on the terms of the Trust itself. Of course, the independent Trustee owes a fiduciary duty to the beneficiaries of the Trust. This means he/she must act pursuant to the terms of the trust and in the best interests of the beneficiaries. If he/she is not doing so, there are means, either pursuant to the...

    5 lawyers agreed with this answer

  3. Can I break my lease if I feel I am being harassed by my landlord? If so, will I be able to get my security deposit back?

    Answered 10 months ago.

    1. James Thomas Kinder
    2. Estela Matta
    3. Andrew W. Cowan
    3 lawyer answers

    Your landlord has violated several provisions of the massachusetts general laws ( most notably, your right to quiet enjoyment of the apartment) You should contact a local landlord tenant attorney as soon as possible to discuss your options.

    5 lawyers agreed with this answer

  4. Does the executor of a will - in MA - have the RIGHT to see that Will prior to the death of the person whose will it is?

    Answered about 1 year ago.

    1. Julie Court Molloy
    2. James Thomas Kinder
    3. E. Alexandra Golden
    4. Sean M Neary
    4 lawyer answers

    I agree with my sister counsel. In addition, given that your mother in law may be suffering from dementia, you may want to consult with an elder law attorney. They will be able to provide you guidance toward ensuring that the intentions of your mother in law are not being thwarted by self dealing or undue influence on the part of the co-executor. I hope this helps. Best of luck.

    5 lawyers agreed with this answer

  5. Can I still press charges of statutory rape that happened 13 years ago?

    Answered about 1 year ago.

    1. Lauren Craig Redmond
    2. James Thomas Kinder
    3. David C. Newton
    3 lawyer answers

    First, your daughter would need to be the one to file the complaint. Second, although you appear to be within the statute of limitations, it appears as though your daughter may not want to relive this experience, or may have her own other reasons for not wanting to pursue the matter. You should talk this over with your daughter thoroughly. Before pushing her headlong into the legal process.

    5 lawyers agreed with this answer

  6. Can I appear pro se in a suit for modification of a trust in MA

    Answered over 2 years ago.

    1. James Thomas Kinder
    2. Thomas J Callahan
    3. Brian C. Snell
    3 lawyer answers

    Without knowing more, or having the opportunity to review the facts as well as the trust language, your mother may have an argument for a constructive trust. However, these arguments are fact specific, and the process drought with legal and semantic pitfalls. I would advise against going it without an attorney.

    5 lawyers agreed with this answer

  7. How to prepare for Case Management Conference on debt settlement?

    Answered over 2 years ago.

    1. Andrew Daniel Myers
    2. James Thomas Kinder
    2 lawyer answers

    I would contact the Court to find out exactly what happened prcoedurally, first. The case may have been dismissed, and the notice of case management conference may have crossed in the mail. Or, the case was dismissed, and a motion to remove dismissal was filed by the Plaintiff's attorney. Either way, make sure the case is still active. If the case is still active, then you must prepare. As to preparation, if you have already admitted to the debt, you will have a difficult time refuting the...

    5 lawyers agreed with this answer

  8. Legal question

    Answered over 2 years ago.

    1. Christopher Michael Larson
    2. James Thomas Kinder
    3. Steven Anderson Leahy
    3 lawyer answers

    Please consult with an attorney in your area. Your husband, if indeed he did electronically submit and aign your tax rturn without your knowledge, may have made statements that are noty true, and/or provided information that is not true, and thus may have exposed you to legal consequences in the future. An experienced attorney will provide you with the requisite forms to inform the Internal Revenue Service of this act. Good Luck.

    5 lawyers agreed with this answer

  9. I have been married for a very short time(4 months) I have no intention of divorcing my husband. He has some legal issues

    Answered 10 months ago.

    1. James Thomas Kinder
    2. Henry Lebensbaum
    3. Dean George Tsourakis
    3 lawyer answers

    This is really an issue to be put to the bankruptcy attorneys here on avvo. If the money was actually given to the two of you, and he is asking that you absorb liability personally for repayment of the debt, there may be other legal repercussions from that decision. Please consider posting this in the bankruptcy section. As for the prospect of divorce, I would track expenses paid with this money very closely. If it is indeed used for paying for marital expenses, and you can prove it was, then...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. As one of several beneficiaries I would like to know our rights to have access to see the estate account statements

    Answered 10 months ago.

    1. Julie Court Molloy
    2. Steven Kelsey Hemingway
    3. Herbert Warren Cooper IV
    4. James Thomas Kinder
    5. E. Alexandra Golden
    5 lawyer answers

    Thank you for your question. Although the new uniform trust code in massachusetts does no specifically provide that the trustee must provide trust documents, the notes to the code state that such a requirement is "implicit" in the new provision which states that the trustee must provide all trust information when requested. I am handling a similar matter now. Attorney Molloy ' advice to seek the guidance of experienced counsel is very wise. Best of luck to you.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful