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Jennifer L. DiCarlo

Jennifer DiCarlo’s Answers

125 total


  • For a Massachusetts Estate Planning Lawyer: Two people, Gary and Alison, jointly own a house - both are on title.

    For a Massachusetts Estate Planning Lawyer: Two people, Gary and Alison, jointly own a house - both are on title. Alison also has a Power of Attorney over Gary. Does this mean that she can do things to the house without Gary's permission? How doe...

    Jennifer’s Answer

    The short answer is that, with respect to Gary's interest in the house, Alison can only make decisions or take action in conformance with the power of attorney. By acting under the POA, Alison would actually be stepping into the shoes of Gary. Therefore, any actions would necessarily have to be in line with those Gary would naturally undertake if he were able to. I recommend that the POA document be reviewed carefully before action be taken. And of course, to the extent feasible, it would be even better if Gary could ratify Alison's actions.

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  • Alison and Gary jointly own a house - both are on title. Alison also has a POA over Gary.

    Does this mean Alison can make decisions on the house without consulting Gary? What are the implications?

    Jennifer’s Answer

    The short answer is that, with respect to Gary's interest in the house, Alison can only make decisions or take action in conformance with the power of attorney. By acting under the POA, Alison would actually be stepping into the shoes of Gary. Therefore, any actions would necessarily have to be in line with those Gary would naturally undertake if he were able to. I recommend that the POA document be reviewed carefully before action be taken. And of course, to the extent feasible, it would be even better if Gary could ratify Alison's actions.

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  • If we don't have money to extend the parking, but we need more parking space, what should we do?

    We got notified by the town hall that we have cars in our parking lot in our house more than the capacity. (We are using some areas that are not officially parking as a parking) They asked us to either do not park that many car there or we ext...

    Jennifer’s Answer

    Based on the information you have provided, it sounds like your only options are to park fewer cars, pay the fines or extend the driveway area. Keep in mind that even if you extend the driveway area, you may have to get zoning relief from the zoning authority to legally permit the parking of additional cars/extension of the driveway area since zoning ordinances can be pretty strict about how many cars can be parked at a particular driveway as well as driveway widths, curb cuts, etc. The extension of the driveway will reduce the amount of open space and this has zoning implications. One way you may be able to save money if you do decide to extend the driveway is to determine whether you can do so without paving. Perhaps a gravel extension of the driveway may be permissible and this would save you on paving costs. You should check with the authority on what methods for extending the driveway are permissible and maybe with the shared labor of all the car owners, you can get it done for a more reasonable cost. Unfortunately, parking, especially in the City, is at a premium. Best of luck to you!

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  • What is MA regulations on number of days to notice (30 vs 60 days) on moving out at end of lease?

    I am looking at an apartment I am interested in and their lease states that I have to give them 2 months/60 days notice before my lease expire if I am renewing or moving out. My understanding is is that it is typical to provide one rental period ...

    Jennifer’s Answer

    30 days' notice a/k/a rental period notice is required to terminate tenancies at will. Where the property you are looking at is going to be governed by a lease, the terms, with some exceptions, may vary depending on what is negotiated between the parties and/or required by the landlord. If 60 days' notice seems too long, you can always request that this term be modified subject to your landlord's agreement to such a modification. The landlord is likely trying to give himself/herself adequate time to provide a replacement tenant once you decided not to renew. You should carefully inspect the lease to determine whether it automatically renews at the end of the initial term if you do not provide 60 days' notice or if it converts into a tenancy at will. Best of luck to you in your apartment search!

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  • What are my options for purchasing real estate without my spouse take 50% later? Rent to Own? Legal Letter signed by my spouse?

    I have been living separately from my spouse for over a year, I have not filed any paperwork. My spouse has the house and I rent right now. He says he would not touch the newly bought house but I want to be legally free of listing that as asse...

    Jennifer’s Answer

    Before embarking on a purchase of a major asset prior to any divorce being initiated, I recommend you consult with a family law/divorce attorney to discuss your options, one of which may be entering into a postnuptial agreement with your spouse. While you would incur legal fees associated with the preparation of such a contract, it would likely save you many headaches in the future if there were ever a disagreement with your spouse over the handling of the home and any proceeds related to it should you sell it. Best of luck to you!

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  • How to remove my name from a mortgage.

    How can I get my ex-husband to take my name off of a mortgage? We got divorced about 3 years ago. When we divorced, I agreed to let him keep the family home and he agreed to buy me out with money from his retirement. When we divorced, he wasn't wo...

    Jennifer’s Answer

    If your agreement with your ex-husband to have him refinance and remove your name from the mortgage was memorialized as part of your separation agreement and he has failed to comply, it may be time for you to file a motion for contempt asking the court to compel him to take the necessary steps to effectuate your agreement. Keep in mind, however, that his current financial situation could be an obstacle to refinancing. Best of luck!

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  • Can we take legal action?

    We live in an wood construction apartment in Braintree, MA. The upstairs neighbor has a treadmill, it makes a lot of noise. We complained to the landlord, but they are not co-operative.

    Jennifer’s Answer

    Have you tried to work the problem out directly with your neighbor? If you appeal to them in a rational manner with a spirit of cooperation rather than aggression, you may be able to resolve the matter without having to get your landlord involved or exacerbating things. If you have and this has been successful, have you tried sending your landlord a demand letter by certified mail asking that they take action? Sometimes it takes a formal request to get their attention. Also, while it may depend on the location of the treadmill, frequency and time of its use, you may have a claim for breach of the covenant of quiet enjoyment if the treadmill is becoming such a nuisance that it's interfering with your use of your unit. You should refer to your rental agreements to see how such issues are to be dealt with and whether or not a prohibition of such activities exists. This will help bolster your demand letter and/or appeals to your neighbor. Best of luck to you!

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  • Can i ask them for a reimbursement for the cancellation fee?

    I paid my HOA fee but the association admittedly lost the check.

    Jennifer’s Answer

    My motto is, "If you don't ask, the answer is always 'no.'" Without knowing their policy for such things, I can only say that it can't hurt to ask. You probably have a better chance of getting reimbursed or credited if you have written proof that they lost it so try to get them to confirm their error by email or otherwise in writing first. Best of luck to you!

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  • How do I get rid of a timeshare?

    I have a timeshare in Maine that I can't seem to shake and don't know how to get rid of. The resale market is full of scams and I don't know what kind of legal assistance I'd need to transferring fractional ownership.

    Jennifer’s Answer

    I'm sorry about the difficulty you are having in dealing with the sale and/or transfer of your timeshare interest. Since the property is located in Maine, I recommend that you consult with an attorney licensed in Maine. I also recommend that you contact the timeshare management company to find out what their process is for listing it. They may be able to connect you with interested buyers and possibly facilitate the sale/transfer of the timeshare. They may also be able to connected with other owners in the association who may be interested in picking up another week. Best of luck to you!

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  • What does ET AL indicate on a property deed?

    Mother passed away. Her name and my brothers name and ET AL is on the deed of her house. Once house is sold, does that mean that her surviving children get an equal share? Are my siblings children (mother's grandchildren) also entitled to a sh...

    Jennifer’s Answer

    I'm sorry for the passing of your mother. Your question sounds like perhaps you have just looked at the Registry of Deeds or Assessor's Office database and this is how title is shown. Et al is a shortcut indicating that there are other names on the title that probably don't fit in the data field of the database you are looking at. You'll need to take a look at the actual deed. The relevant Registry of Deeds for the county in which the property is located should be consulted for a copy. Then, based on what's in the deed, you'll have more of a sense of what is required to vest title in the proper individuals. Best of luck to you.

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