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I have new job offer and received an NDA and Non Compete agreement from the new employer that seems a a little too much for employee at my level. I need an attorney to review it quickly.
As noted elsewhere, we aren't supposed to solicit clients directly on this website, though you can read our profiles by following links.See question
We own the home as JTWROS, but if we both die together, our wills state that our assets will go to our children (from previous marriages), if the other has also died. Can we establish a trust in our names to own the house so that it's clear what h...
Short answer is "yes". Bear in mind, however, that if the house is in trust, in some Massachusetts jurisdictions, you might not get certain real estate tax discounts (e.g., Cambridge). You should think about what you would want to happen upon the death of one of you- i.e. the other gets to live there, with or without "buying out" the estate of the survivor, etc. It is important to think through various scenarios so that when you speak with an attorney to create the trust (and draft a new deed into the trust), you are both on the same page. (E.g. survivor can live in the house, pay all expenses, but upon death or moving out, house is sold and half goes to the children of the first to die, other half to survivor or his or her children, etc. Many possibilities.) (To be clear, you need to have a trust created, then transfer the real estate into the trust, in order for this to work.) Good luck!See question
I signed a P&S with a builder/realtor on January 17. The original "Transfer of Title" closing date in the contract was May 1, 2017. I gave the builder a $12,000.00 deposit. In addition I have paid $601.00 as a fee to the mortgage company and a ...
In an ideal world, you would have been represented by an attorney in negotiating a contract for one of the largest purchases most people make during their lifetime. The contract (P&S) should have protections in it for you, including some definitive consequences for failure of the builder to perform. However, with new construction, there are more twists and turns than with existing houses, so it isn't unusual to go beyond the original closing date. That said, with a contract involving the sale of land (assuming it is a "land and building" sale, rather than construction of the residence on land which you own), typically changes are required to be recorded in writing, and failure to perform, without excuse, of one party may entitle the other party to cancel the contract. You really need to speak with a real estate attorney to determine your options. Good luck!
(P.S. The advice of the other attorney concerning checking the builder's reputation is well-founded. You might look into that before coming to any decision. ... but next time, you may wish to have an attorney assist you in the whole process, including review of the initial agreement, and any modifications after inspections, through closing on the actual purchase. It is like an insurance policy - it won't guarantee the total absence of problems, but could help reduce the consequences.)See question
I wrote a check on May 27th to a car dealership in Massachusetts specifying that the check NOT be cashed until the date written on the check. Today, June 1st., I discovered my account is "delinquent" as I did not have the required amount to co...
I'd ask that the bank "waive" any fees, as courtesy to you, the customer. Regardless of whether you have any legal rights, a customer courtesy is a small thing the bank can do to keep a customer happy.
Secondly, if you told the car dealership NOT to present the check until the date, they breached your agreement, and it would be reasonable to ask them to refund the bank charges that you incurred because they didn't follow your agreement.
Generally, though, "banks are immune to almost everything". You could postdate, you could require two signatures, the endorsement might be missing, a signature might be missing, etcetera. For the most part, the bank can dodge any responsibility. The broad concept is that they are just an intermediary, and the parties can sort out their own disputes, leaving the bank out of it. Once upon a time, I was told banks don't check signatures of the person issuing the check if it is less than $2,000, and that was about 20 years ago...
Good luck!See question
IT was clear my Dad was not w/I when scribbled his name even tho not verbal Now the estate has gone into probate and the executor The petitioner requests that Chris be appointed as personal representative of said estate to serve Without Surety on ...
As the other attorneys mentioned, your question is a little unclear.
But for some general clarification:
the "petition for probate and for appointment" of "Chris" as PR (executor) without surety on the bond in an unsupervised administration means that "Chris" believes the will is your father's last will, and is promising to carry out the terms (payment of debts, taxes, administration expenses, and distribution according to the terms of the will to the named beneficiaries or contingent beneficiaries.
"Without surety on the bond" means that he is asking the court not to require a bond (kind of like insurance against the PR running off with the money). If a surety bond is required, the PR may charge the expense of the bond against the assets in the estate, and the bond doesn't get released until the final accounting or equivalent is filed. The premium must be paid annually if the estate is open more than a year, and the premium is typically some percentage of the total bond amount, which may be a multiple of liquid assets in the estate (once upon a time it was 1.5 times the cash assets).
"unsupervised administration" means that the PR won't generally need assistance or oversight from the court, but can make a motion for a specific type of order if needed. The opposite is "formal administration" where more court involvement may make things take longer and be more expensive. If a beneficiary doesn't get appropriate information from the PR, they can always ask the court for help, whether or not the administration is "unsupervised" or "formal".
If a concern is that the beneficiary wants to be "skipped" in favor of their children, the beneficiary should contact an attorney and provide him or her with a copy of the will. Frequently, the will will provide that a beneficiary's share passes to his or her children if the beneficiary predeceases the testator (person making the will.) This can also happen if the beneficiary files a "disclaimer" in a timely fashion during probate, but one should really contact an attorney because of the possibility of collateral consequences.
Good luck!See question
Ive been on here before and always receive great advice. So here is a new question. My brother is the executor of my parents estate which is not settled. My parents winter home in Florida recently sold and the attorney my brother hired to settle t...
It is hard to be sure without all facts, and each state's law is slightly different. In some states, the PR might seek a license once the actual sale price is known. For example, the property might be listed for sale, "subject to court approval", and then a P&S is signed, with an inspection and court approval as contingencies. The inspection might have revealed defects that make the buyer want a lower price (so a revised P&S or addendum lowering the purchase price might be signed), resulting in a petition for license to sell at a price lower than the original P&S, but not lower than the actual, agreed-upon sales price. In any event, the PR will have to account for the sales proceeds in a formal or informal account, in most states. You may wish to pose your question to Florida counsel. The key thing is an "arm's length" sale, at current fair market value. Good luck!See question
My partner and I went to a lender. He was pre approved. I would only be making the down payment on the house and would only be on the deed. The loan was in his name because he had the steady income. I made the down payment, paid for the home insp...
It is a good idea, when purchasing real estate, to have an attorney. Here, the issues of whether there was good cause to terminate the agreement might come into play, and if you had had an attorney, it would have been more likely that you could easily recover the deposit. Depending upon the actual circumstances, in some cases, it is possible to recover a deposit a little later, especially if the seller is asking for a release from the prospective buyer. As to any rights between two parties intending to purchase real estate, the 'partnership' would best be memorialized by a written understanding or agreement - that helps address a situation where there might be later disagreement between the parties. No guaranty that there won't be a problem, but a.) the problem might arise prior to any financial exposure, and b.) it is possible that the problem would be avoided or be less costly to resolve if the partners had a written agreement that contemplates key scenarios (e.g. one party wants to buy, the other doesn't.) If it is a substantial amount of money, you should contact an attorney to see if you can recover from someone (seller or partner).See question
We have a Colorado will which was drawn up before we purchased vacation property in Mass. I am assuming our Colorado will also applies to all property we purchase in our lifetime. Instead of having to go thru probate to hear the will to divi...
It would depend upon your particular situation, whether your combines estates would be over $1,000,000 (the threshold for Massachusetts estate tax (for property wherever located, in and out of state) , etc. It is not a trivial question. Ideally, one turns a Massachusetts vacation property into an "intangible asset", like an interest in an LLC or corp (not a trust). This is something about which you'll want to consult with an experienced Massachusetts estate planning and real estate attorney. Another consideration is whether you presently have a mortgage on the property. While things are a little tricky, you can save a lot of time and expense down the road by doing it right now.See question
I have been appointed legal personal representative of my mother's estate. The only asset is the multiple family home. My estranged sister sole occupant . She was uncooperative during probate & didn't respond to communications from the attorney. ...
It is not clear why you haven't directed this question to your existing attorney. As a general proposition, though, what is described includes both probate and real estate law. You should ask your attorney if they are comfortable handling it, otherwise, select an attorney with experience in probate litigation.See question
Estate been thru probate...inventory has been filed with probate court. Trying to obtain my inheritance. If I obtain an attorney, can I petition to have the executor of the estate pay my legal fees?
Typically, beneficiaries have to pay their own legal fees, unless the behavior of the executor has been particularly egregious, and or if it was necessary to remove the executor because of malfeasance. If the executor hasn't done anything wrong, it is normal for the beneficiary to pay his or her own legal fees (if they incur any.) Do be aware that if there is a possibility of claims against the estate, or if there are outstanding taxes or an estate tax return had to be filed, there may be a delay in distributions from the estate.See question