Freya A Shoffner’s Answers

Freya A Shoffner

Boston Business Attorney.

Contributor Level 11
  1. What legal action to I need to take to move from MA to NE with my three children.

    Answered about 4 years ago.

    1. Christine G. DeBernardis
    2. Henry Lebensbaum
    3. Freya A Shoffner
    4. Joseph K. Chancellor
    4 lawyer answers

    Both attorneys raise good points. If there is no court order in effect, there is nothing necessarily preventing you from moving to NE. However, your husband may well respond by bringing a custody action here in Massachusetts. If, however, you've already been to court and an order is in effect, then you must comply with the order. In most cases, that means you will have to prove to the court that it is in the children's best interest (not yours) to move to NE. The best course of action is...

  2. What is the best way to turn a summer home over to my children. Sell it to them for $0 or sell it myself and divide the money.

    Answered about 4 years ago.

    1. Brian E Barreira
    2. Freya A Shoffner
    3. John L Roberts
    3 lawyer answers

    Attorney Barriera makes a good point which is, there are quite a number of factors to be considered before determining which is the best method to use. However, simply making a gift of the house by selling it for $0.00 is rarely the best method. The first problem is the capital gains issue, which is especially complicated this year. The second problem is that making a gift like that, as Attorney Barriera mentioned, can cause significant issues with a Medicaid application. The best thing...

  3. Declaration of Homestead.

    Answered about 4 years ago.

    1. Brian E Barreira
    2. Freya A Shoffner
    2 lawyer answers

    My condolences on the loss of your husband. Dealing with all of the details that come up so soon after such a loss is always a challenge. Your question does not state whether you and your husband were over the age of 62 when your filed the Declaration of Homestead, and I will assume that you were not. If one spouse or both spouses are under the age of 62 at the time of the filing of a Declaration of Homestead, only one spouse can file. And, upon the death of the spouse who filed the...

  4. My husband refuses to leave and is contesting divorce. How do I get him out?

    Answered over 4 years ago.

    1. Freya A Shoffner
    2. Henry Lebensbaum
    3. Joseph K. Chancellor
    3 lawyer answers

    If you consulted an attorney to help you file the divorce, I strongly suggest that you return to him or to her with your questions. Divorce can be a very upsetting process and the technicalities of the process often make matters worse. You can bring a Motion before the Court asking for an Order to Vacate under Massachusetts General Laws Chapter 208 Section 34B. The Court will grant the Order (and your husband will have to leave the home) if the judge finds that having him stay in the home...

  5. My husband wants to get a divorce and wants to give me the house. Should I do a quick deed befo

    Answered over 4 years ago.

    1. Gabriel Cheong
    2. Freya A Shoffner
    3. Henry Lebensbaum
    3 lawyer answers

    In Massachusetts the assets of a marriage are divided equitably, not necessarily equally, between the parties. And, in some situations one spouse is ordered to pay support (alimony) to the other spouse. Before you make any agreement with your husband you should make a careful inventory of all of the marital assets (don't forget insurance and retirement), the debts, the current income, and any changes that you expect to occur either in income (for example, retirement) or assets (for example,...

  6. Is it possible to contest only one part of a will and have all other parts go forward?

    Answered over 4 years ago.

    1. E. Alexandra Golden
    2. Freya A Shoffner
    2 lawyer answers

    Attorney Golden makes four very good points. First, you must follow the rules for objecting to a will very carefully. Second, you must be able to prove that the will does not reflect the testator's intent. Her third point is quite important, litigation over a will can be extremely expensive for all involved. Her fourth point, however, is most important. Your question deserves the attention of a qualified attorney in the jurisdiction where the decedent resided, who has solid experience in...

  7. The father of my kids keeps on claiming them even though they dont live with him its been six years can he do that

    Answered over 4 years ago.

    1. Kara O'Donnell
    2. Freya A Shoffner
    3. Steven J. Fromm
    3 lawyer answers

    The key questions to answer are whether you were married to the father of your children and, if not, whether the Court issued a support order. If you were married and then you divorced, or if you do have a support order, the court documents should state very clearly who has the right to deduct the children for tax purposes. If you do not have a court order, then you would use the IRS guidelines for determining who has the right to the tax deductions. In general, the parent who lives with...

  8. Been divorced since 2000. Now Ex wants sole custody going to trial need help.

    Answered over 4 years ago.

    1. Henry Lebensbaum
    2. Freya A Shoffner
    2 lawyer answers

    Since your son is fifteen, and he has expressed a desire to live with his father, it is most likely that the Court will modify the existing custody order to grant physical custody to the father. In Massachusetts both parents have an obligation to contribute to their children's support. The method for determining how much each parent should contribute is contained in the Child Support Guidelines. There are two links below that will bring you to the Commonwealth's online material about the...

  9. A Massachusetts couple transferred their condo to their adult daughter for $1.00 and reserved a life estate in the property.

    Answered over 4 years ago.

    1. E. Alexandra Golden
    2. Freya A Shoffner
    3. John L Roberts
    4. John J. Sullivan
    4 lawyer answers

    Attorney Golden has identified the issues that you need to address. You must consider both the Massachusetts estate tax and the effect that the current law (no federal estate tax and restrictions on step-up basis) in order to answer this question. You did not indicate when the transfer was made, and that will effect whether the entire value of the property will be considered for estate tax purposes or whether a different value will be used. The best advice that Attorney Golden made was...

  10. A board member is resigning, leaving 4 instead of five, how do we proceed?

    Answered over 4 years ago.

    1. Jonas A Jacobson
    2. Freya A Shoffner
    2 lawyer answers

    Attorney Jacobson has given some solid advice on your issue. As he pointed out, the key is to look at -- and adhere to-- the provisions of your Condominium Documents. The answers will most likely be found in the By-Laws of the Association. You should look for provisions on electing members of the Board and also for provisions on electing officers who are resigning. If the documents contain appropriate provisions, be sure to follow them to the letter, and especially to draft any documents...