We are a service company hired by a NH company to help finish a project at a MA address. We have not been paid. They did not show for small claims in MA. Can we file in NH? Thank you!
Yes, and NH has gone electronic with its small claim process. Not sure whether NH would honor a default judgment from small claims court, though. (Not researched.) You would file where the company does business. Good luck!See question
Parents deceased and there is not a valid will or trust. All assets have been through Probate. I am waiting and have requested an account of the estate. There are four heirs (siblings). The Personal Representative Of the estate, who is also an...
It is not usual to receive a partial distribution before final distribution of an estate. A reserve is usually kept until all taxes have been paid, all creditors paid, and all administration expenses have been accounted for and paid. One doesn't agree, simply by receiving a distribution, to compromise any amount due from the estate. In a nutshell, the final accounting (whether formal or informal) gives a beneficiary the chance to object to payments etcetera by the fiduciary. If there is a "draft" or proposed account, the fiduciary may request that the beneficiary acknowledge that the proposed distribution, combined with any distributions already received, would amount to a full distribution from the estate. I.e., the fiduciary may want everyone on board with the proposed numbers before making a final distribution.
There are also some situations where an early distribution is proposed to be made, and the fiduciary is asking the beneficiaries to acknowledge that if unforeseen creditors arise, such that the estate doesn't have enough money, the beneficiaries may have to give back some of the distribution. This might be in a situation where the estate has been open less than six months. It would be less usual if the estate has been open for a while.See question
If I reside in MA and will be storing tangible goods in MA, but will not sell to MA residents, am I required to create a sellers permit for collecting MA sales tax? What is the penalty for selling without a permit?
... adding generally to the situation, and in addition to the more directed, particular answer of the other attorney, if you are selling as an entity (LLC, corp), it might be desirable to register the entity to do business in Massachusetts (i.e., if you would ever need access to her courts, etc.) with the Mass. Corporations Division of the Secretary of State.See question
A member of the board of trustees is abusing his power to clear an area of common area for the use of a personal trailer and ATV use, which isn't covered in our insurance he has also been riding it closer than 150 feet from our house against our ...
Generally, an individual cannot ignore the provisions of the Master Deed, Condominium Trust, and Ch. 183A (Condominium Law in MA). It would be typical that any particular provision of the Master Deed would trump the Bylaws or Trust, and both may be trumped by the General Law, unless the law provides that the Master Deed can vary the terms. Common areas are normally for common, and not private use, and would be subject to oversight by the whole condo board, not just one individual. Good luck!See question
My Dad created an irrevocable trust, and put his house & other assets into it in 2012. He put the title of house in his name, and my Aunt's name, since she would be the executor of the estate. They did a quit claim deed, and took my Mom's name off...
There are all sorts of ramifications and additional information needed. You should contact an experienced probate and estate planning attorney in Wellesley for an appointment, or consult with the attorney who originally prepared it. The irrevocable trust would need to be addressed, so any documents, such as the trust, would need to be reviewed. We can't really answer and give you a good plan without much more detailed information, including financial information.See question
My husband passed away leaving his firearms behind..He asked that I sell them. What is the procedure? Do I Contact local police to help with this process? Can I do this by obtaining a Voluntary Administration?
You may wish to contact a licensed firearms dealer in Massachusetts who offers consignment services. As to whether you can do a Voluntary Administration, that would depend upon whether the assets are less than $25K (exclusive of automobile) and no real estate to probate. The dealers are more familiar with the regs and procedures. Some guns are valuable, some aren't, so it might not hurt to do a bit of online research first.See question
I am an senior, and I have just moved from Massachusetts to central Florida. Florida will be my new homestead, but I still retain various connections to Mass. I still have rental real estate there (which I intend to hold onto for several more ye...
You ideally need an attorney who can do the estate planning in Florida, and is also competent (MA licensed) in Massachusetts real estate and probate law. It will probably be suggested that the MA real estate be put into an LLC- to change it from real estate to a membership interest (personal property) so it won't have to be probated in MA. The MA probate litigation would obviously require a Massachusetts-licensed attorney. There are attorneys who do both, or your Florida attorney could cooperate with a MA attorney- good luck!See question
I live in Denver, CO, but I work for a Massachusetts based software company. I recently closed a very large licensing deal worth $3.2M with a commission payout of $440K. I received an email from the COO Dec 13th stating that they were cutting my...
You definitely should consult ASAP with an attorney. The information about your plan, etcetera would be important in determining the strength of your case. As far as a second person, it may or may not help. Not really a class action per se, and his situation might not be exactly the same as yours. In any event, you'll need to contact an attorney and share the contracts that form the basis of your rights.See question
My insurance co. cancelled my policy that I have had since 10.21.16. They state that the roof and the foundation do not meet their underwriting guidelines. I had hired my own inspector to come inspect the property way back in September. The i...
As others have answered, you really need to move on. Some companies have different standards than others, and also may use different inspectors. It would be difficult, and certainly uneconomical, to pursue them to get them to not terminate coverage.
Of greater concern right now is making sure that you don't suffer a lapse in insurance coverage, and then have your mortgage "force place" insurance coverage, at considerable extra expense to you. You should speak with your insurance agent and find a better insurer. I echo the comments regarding what might have happened with your present insurer if you actually filed a claim with them.See question
I'm hearing a lot of different things from different lawyers and don't really know who really knows what! It's pretty simple... I recently sold my company, which includes the company vehicle. Technically, I'm named as the personal guarantor on...
The vehicle, if it isn't too old, is represented by a title document. The lender's interest in the vehicle is shown on the title. If the title is in the name of the company, and not you personally, then you transferred ownership when you transferred the stock or llc interests in the company to the new owner. If it was just a sale of assets, you should have signed a bill of sale for the vehicle and signed over the title so that the buyer could obtain a new title.
Normally, a personal guaranty is terminated by a "release" signed by the person secured (typically a lender). However, if any promissory note (loan) was paid off at the time of closing on the sale of business (normal practice), the guaranty should no longer be in force. It guarantees the full performance of repayment of the loan. You'd like some proof that it was paid at closing.
If the buyers "assumed" the vehicle loan, then you remain liable on the vehicle loan until it is paid in full. This presents a risk for you if the buyers go out of business or are otherwise unable or unwilling to pay off the vehicle loan. While you could sue the buyers for not paying off the loan (presuming that you disclosed the existence of the vehicle loan before the sale), it could be uneconomical. This should have been a closing condition- either required by the buyers or by you (e.g., if you were requiring them to refinance the vehicle loan.)
In some cases there might be a UCC-1 Financing Statement signed by you, which would be terminated by a UCC-3 termination statement. Similar to the above, it would be executed on behalf of or by the vehicle lender- the 1 is your guaranty, and the 3 is the lender releasing the guaranty.
Good luck!See question