E. Alexandra Golden's Answers

If I have evidence of tax fraud, how do I protect myself and children?

One other thought -- file your own tax return separate from your husband. That way you will not sign a tax return which you have reason to believe is fraudulent. This is not the time to take your tax return to H&R Block. Work with a CPA or tax attorney who is an "enrolled agent" with the IRS and get counseling about how to file the return and best defend yourself. You may also want to meet with a divorce attorney ASAP.

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If i cant afford an attorney and i want to rep myself and i know the person alleging i did this is lyin and have proo on my cell

If you are facing a criminal charge and believe that you cannot afford an attorney, the Court will review your financial situation to see if you qualify for a free lawyer or may need to chip in towards the cost of legal services. While there is no guarantee that you will win your case if you are represented by a lawyer, you are almost certainly going to lose if you represent yourself in a criminal case. You will be held to the same standard of knowledge of the law and the rules of a court...

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I am a legal guardian of my sister who passed away. She had mental retardation. she has an inheritance from my mom what do I do.

Two most points to add: 1. Assuming that your sister survived your mother long enough to be an heir of her estate, a probate should be opened for your sister's estate because you cannot start the clock ticking on any potential claims by MassHealth otherwise. By law, MassHealth can only recover funds for services provided after age 55 or at any time while in a skilled nursing facility. By opening the probate and giving notice to the agency, you will not risk the agency coming after you and...

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Would it be difficult to handle a toxic mold case pro per?

Unfortunately, toxic mold cases are very expensive to bring. You have to hire a number of experts who can examine the evidence and testify that (1) there was mold (2) which was caused by the defendant's acts or negligence, (3) that mold made you sick and (4) you did not somehow contribute to the reason that you became sick. You would have to go through "discovery" - the process of information-gathering and follow the evidence wherever it leads. And you will be subject to the same processes by...

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How do i find out if my deceased brother left a will to his girlfriend?

I am also sorry for your loss. One other point -- if your mother is a Canadian citizen, she should consult with an attorney who is familiar with both US and Canadian tax law. There are complex tax issues associated with retirement plans, and also complex issues that come up when non-citizens who do not live in the US inherit assets.

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My aunt passed away august of 2011, her sister is her executrix, what exactly does she have to do?

Being an executor can sometimes feel very overwhelming. Your aunt doesn't have to go through a lawyer; however, if she's feeling overwhelmed, that's exactly what she should do. Probate lawyers are paid to break overwhelming things down to bite-sized pieces. The money to pay the lawyer would ultimately come from the estate -- and can be far less than your aunt may think. Your aunt has a responsibility to both her deceased sister and her living sister to petition the court to probate the will....

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Is there any suck thing as poorman's divorce in mass.?

You must be legally divorced in order to legally remarry. If your boyfriend is truly poor, he can ask the court to waive the fees as long as he provides the financial information needed to show that he cannot afford them. He can get help with this process by asking the clerk at the counter of the Probate and Family Court for the county in which he lives for an "Affidavit of Indigency."

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Irravocable trust

You do not state whether you are a current beneficiary of the trust. If your mother is a beneficiary, she has an absolute right to see them and share them with you. That's the only way that you'll know if your brother is on the up-and-up. Have your mother send your brother a letter -- certified mail -- which gives him a week to turn over the bank statements. Keep a copy of the letter and the green postcard for your records. If you fail to get the right response, see an attorney who practices...

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Massachusetts judge has not made ruling in property dispute, divorce case, no children, trial over 6 months ago! any statute?

The Probate Court is supposed to have 42 judges state-wide. Right now, the Court has 8 or 9 open seats. As Attorney Lewis noted, the courts have also lost a substantial amount of staff due to budget cuts. The judges are working very hard, but the number of cases per judge has significantly increased. My sense is that your property dispute is taking a back seat to cases involving child custody and child support. Contact the court and ask to speak to the chief judicial case manager and ask...

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I have discovered Abandoned Funds from 3 Insurance Policies with MetLife Owned by my now deceased Mother-In-Law.

If you are saying that you identified property being held by the Massachusetts State Treasurer's Abandoned Property Division, someone will need to petition the Probate Court for appointment as a voluntary administrator. This is the procedure used for estates with personal property worth less than $15,000. The filing fee is $65. Unlike a full probate (with a will) or administration, this is a simple one-page form, with no notice is required. You'll find the folks at Norfolk Probate to be very...

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