Thomas J Callahan’s Answers

Thomas J Callahan

Hanover Family Law Attorney.

Contributor Level 18
  1. About wills

    Answered 11 months ago.

    1. Thomas J Callahan
    2. Jayson Lutzky
    3. Roman Aminov
    4. James P. Frederick
    5. James D. Kiley
    5 lawyer answers

    It does matter if wife's name is on the deed. If so, it is likely that it is a joint ownership with right of survivorship, meaning wife will inherit the whole property, as it will pass to her automatically outside of the probate process, will or no will. If not on the deed, husband's estate without a will passes $50,000 +1/2 to wife, balance to children.

    16 lawyers agreed with this answer

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  2. Why is it foolish for a defendant to proceed in a criminal defense matter as pro se?

    Answered over 1 year ago.

    1. Thomas J Callahan
    2. Galen J Criscione
    3. Atousa Saei
    4. James Hal Medows
    5. Paul Karl Siepmann
    5 lawyer answers

    The obvious answer - you don't know the law, rules of evidence, procedures, etc. and screwing up will cost you your liberty.

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  3. Father passed, Deed missing.

    Answered over 1 year ago.

    1. Thomas J Callahan
    2. Jennifer A Deland
    3. Brian C. Snell
    4. Herbert Warren Cooper IV
    5. Elliot S Coren
    6. ···
    7 lawyer answers

    You can get a copy of the deed from the Registry, assuming he took title by deed and not by inheritance. (If by inheritance, just need to do a little title searching to get the legal description). You might not have found online because his deed is from a long time ago (although most online registries are at least back to 1970). Also, when checking online, check both under recorded land and registered land. We ahve two ways of recording property - long story. If still no luck online, physically...

    13 lawyers agreed with this answer

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  4. What happens i loose my job in between divorce process?

    Answered 4 months ago.

    1. Thomas J Callahan
    2. Estela Matta
    3. Joshua N Robbins
    4. Anthony Rao
    5. Michael J. Szklasz
    6. ···
    9 lawyer answers

    You will need to seek a new temporary order to reduce the child support based upon your new income or based upon what you will collect from unemployment. If you are losing the health insurance, bring proof of that. If you have the option of COBRA coverage, which is expensive, you could be ordered to continue that. However, you should seek renegotiation of the requirement to provide health insurance as well, either going to her employer's insurance or MassHealth. There is no criminal offense,...

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  5. A dept collector is asking: Chelsea District court I get arrested For failure to appear in court. Will I really get arrested?

    Answered about 2 years ago.

    1. Thomas J Callahan
    2. Christopher W. Vaughn-Martel
    3. Dorothy G Bunce
    3 lawyer answers

    You will not go to jail. If the date you missed caused the court to issue a "capias", a constable can arrest you and bring you to court. But you are going tomorrow voluntarily, and that is good. If any kind of default entered against you because of the missed date, you have to ask the judge to remove that default. Give all the reasons you gave here and be very sincere. IF you owe the debt, you'll eventually have to work out a payment plan. If bankruptcy is where you need to go, look up and call...

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  6. I am the executor, power of attorney and beneficiary, of my step mothers will, do I have to follow the will to a T?

    Answered almost 2 years ago.

    1. Thomas J Callahan
    2. Jennifer A Deland
    3. Erik Hammarlund
    4. Christopher W. Vaughn-Martel
    4 lawyer answers

    First, the power of attorney now means nothing. It become null and void upon your stepmother's death. To have power to deal with her assets, you'll need to probate the will to officially become appointed as executor and have authority. You should start that process imeediately, and if she also stated in the will that you could become temporary executor, ask for that authority from the court to deal with the accounts quickly Second, you also need to probate to deal with title to the house....

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  7. My alcoholic husband is blind and veteran. He is threatening to get a lawyer and A representative for elderly affairs.

    Answered 11 months ago.

    1. Thomas J Callahan
    2. James Joseph Bagley
    3. Erik Hammarlund
    4. E. Alexandra Golden
    5. Kenneth Lee LaBore
    6. ···
    7 lawyer answers

    No. There are steps to be followed for involuntary commitment and I don't believe blindness alone will be a sufficient cause. Divorce avoidance also isn't a cause. If he is mentally competent to be able to retain an attorney and direct his case, he can file for a divorce whether in your house or a nursing home. Since we have no fault, he will get that divorce eventually. Your focus might be better directed at discussing with him why he wants one and resolving those issues if you can. Perhaps a...

    12 lawyers agreed with this answer

  8. In massachusetts, what happens if I refuse to divorce my spouse?

    Answered 11 months ago.

    1. Julie Court Molloy
    2. Thomas J Callahan
    3. Daniel Dufresne
    4. David Alexander Browde
    5. Barbra Ilene Black
    6. ···
    8 lawyer answers

    The divorce will happen. All one spouse has to do in our no fault system is declare an irretrievable breakdown of the marriage.

    12 lawyers agreed with this answer

  9. My son turned 18 in november so the court order was extended due to him still being in school well now he has quit so how do

    Answered about 1 year ago.

    1. Thomas J Callahan
    2. Joshua N Robbins
    3. Julie Court Molloy
    4. Alan J Pransky
    5. Lloyd David Godson
    5 lawyer answers

    File a modification and motion for temporary order to terminate support. Just be aware, however, that school has nothing to do with the equation. If he is still primarily dependent on the custodial parent, support can be continued until age 21.

    12 lawyers agreed with this answer

  10. MY MALE GAY PARTNER AND I OWNED A ONE FAMILY VICTORIAN HOME AND RESTORED IT CONTINUOUSLY FROM JUNE 1 1973

    Answered over 1 year ago.

    1. Jack Richard Lebowitz
    2. Thomas J Callahan
    3. David Alexander Browde
    4. Richard Batelman
    5. Steven Warren Smollens
    5 lawyer answers

    Atty. Lebowitz gives you the correct analysis on the title. That it was your "home" has no bearing on the situation. A joint tenancy could've/should've been set up, even prior to the recognition of same sex marriage, to address this if the intent was for you to inherit it all. Now, perhaps your partner's will leaves his estate to you, and if so, the his 50% of the tenancy in common, if that's what exists, would go to you, so no worries. Now, if it is a tenancy in common and the other 50% is in...

    12 lawyers agreed with this answer