Robert J McCarthy Jr’s Answers

Robert J McCarthy Jr

Boston Estate Planning Attorney.

Contributor Level 12
  1. If we can;t refinance a mortgage how do i get my name off the mortgage?

    Answered over 1 year ago.

    1. Robert J McCarthy Jr
    2. Kati M. Amarantes
    3. Erik Hammarlund
    3 lawyer answers

    Lenders will generally not allow a name to be removed from a joint mortgage like the one you described. Two options are to have the person living in the property refinance (the refinance doesn't have to be with the original lender) or sell the property and pay off the mortgage with the proceeds of the sale and other personal funds.

    1 lawyer agreed with this answer

  2. Can I sue for defimation of charcter for slandours lies make about me to family members and friends?

    Answered over 1 year ago.

    1. Robert J McCarthy Jr
    2. Henry Lebensbaum
    3. Anton R. Reinert
    3 lawyer answers

    Here is a link that provides some additional information on defamation: http://www.lawlib.state.ma.us/subject/about/defamation.html Hope it helps.

    1 lawyer agreed with this answer

  3. Do I have a law suite?

    Answered over 1 year ago.

    1. Andrew Daniel Myers
    2. Joseph Jonathan Brophy
    3. Robert J McCarthy Jr
    4. Robert Don Fink
    4 lawyer answers

    The National Vaccine Injury Compensation Program set up a no-fault compensation system where persons suffering injury or death as a consequence of the administration of mandatory childhood vaccines may petition the federal government for money damages.

    1 lawyer agreed with this answer

  4. Can i still pay for child support if i terminate my parental rights?

    Answered almost 3 years ago.

    1. Robert J McCarthy Jr
    2. Erik Hammarlund
    3. Christopher W. Vaughn-Martel
    3 lawyer answers

    The entry of a decree terminating parental rights ends all legal relationships with a child. (Technically the entry of an order has the effect of ending the rights of a person named in the termination of parental rights petition to receive notice of or to consent to any legal proceeding affecting the custody, guardianship, adoption or other disposition of the child named in the petition: See the link for Adoption of Donald) If parental rights are terminated by a court in Massachusetts, any...

    1 lawyer agreed with this answer

  5. What is the maximum time a Civil judge can hold a person in prison for Contemt in Massachusetts?

    Answered about 3 years ago.

    1. Robert J McCarthy Jr
    2. Erik Hammarlund
    2 lawyer answers

    Civil contempt occurs when a person refuses to obey a court order. The violation of civil contempt will be deemed satisfied when the person in jail complies with the judge's order. If jailed, a person will be released when he complies with the court order.

    1 lawyer agreed with this answer

  6. Whats an affidavit

    Answered about 3 years ago.

    1. Robert J McCarthy Jr
    2. Keith G Langer
    3. Erik Hammarlund
    4. Dominic L. Pang
    4 lawyer answers

    An affidavit is a written document containing factual information. The person making the affidavit swears to the truth of the information in the affidavit under the pains and penalties of perjury so it's important to be absolutely truthful. The mere act of making an affidavit does not mean a legal case is about to end. A person making an affidavit may or may not have to testify regarding the facts contained in the affidavit. It depends on the specifics facts of a case.

    1 lawyer agreed with this answer

  7. To get divorce kentucky says that we have to take class on child she lives in florida and she says she doesn;t have to

    Answered over 1 year ago.

    1. Robert J McCarthy Jr
    1 lawyer answer

    Here are two frequently asked questions and accompanying answers from the Kentucky Court of Justice website regarding the Families in Transition (FIT) program. Q. What if one parent fails to attend FIT? A. If you are the parent filing for the divorce, you must attend FIT. If the other parent fails to attend, the divorce may still be granted; however, the court may hold that parent in contempt of court or impose other sanctions for failure to comply with a Court Order . Q. I have moved...

    2 lawyers agreed with this answer

  8. Is Intentional Misrepresentation identical to Fraud?

    Answered over 1 year ago.

    1. Robert J McCarthy Jr
    1 lawyer answer

    In Massachusetts to sustain a claim of civil misrepresentation, a plaintiff must show a false statement of a material fact made to induce the plaintiff to act, together with reliance on the false statement by the plaintiff to the plaintiff's detriment. See ZIMMERMAN v. KENT, 31 Mass. App. Ct. 72 (1991) [http://masscases.com/cases/app/31/31massappct72.html] Civil fraud is defined similarly by case law. Fraud based on deceit, requires the plaintiff to show that the defendant “made a false...

    2 lawyers agreed with this answer

  9. I am a grandparent of a child in DCF,, she is currently living with a foster family. Can I possibly get unsupervised visits?

    Answered 10 months ago.

    1. Robert J McCarthy Jr
    1 lawyer answer

    According to G.L. c. 119 section 26B of Massachusetts General Laws whenever a child is placed in family foster care, the court and the department shall ensure that a grandparent of a child who is in the department’s care or is the subject of a petition under this chapter shall, upon that grandparent’s request, have access to reasonable visitation and that the department establish a schedule for that visitation, unless it is determined by the court or the department that grandparent visitation...

  10. What are the laws on converting your drivers license and plates from out of state to Massachusetts state?

    Answered about 1 year ago.

    1. Robert J McCarthy Jr
    1 lawyer answer

    As far as converting your out of state license to a Massachusetts license, see the DMV link below. Also see the attached link regarding title transfer in Massachusetts.