Nov
11

Offering the Different Adoption Options

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A. Private Placement Adoptions
There are several ways to adopt a child in Massachusetts: through a private agency, a public agency, the Massachusetts Department of Children and Families (“DCF”), if adopting a child through foster care or without either in limited circumstances where the child is a relative. Private placement adoptions are adoptions which are handled by a private adoption agency working with a prospective adoptive family, as opposed to adoptions of children in foster care handled by DCF.

Massachusetts is an agency state which means that only licensed adoption agencies may legally place children for adoption. Families residing in Massachusetts seeking to adopt a child must utilize the services of private adoption agency licensed by the state or DCF, regardless of where the child is born. The Department of Early Education and Care (“EEC”) which regulates adoption agencies, requires, at a minimum, that interested families have a home study conducted by a Massachusetts licensed adoption agency. These agencies may provide for private domestic or international adoptions, or they may contract with DCF to provide services for adoptions from foster care.

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Nov
11

Adoptions: This Was Not the Outcome Expected

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Outcomes in adoption matters are just like life, regardless of the care, preventative measures and good intentions, the outcome may not be what was expected. This article shall address some of the issues which may either cause the adoption to unravel, or disrupt, and how to best address them.

Rights of Biological Parents and Adoptive Parents
Until the biological (1) parents’ rights are properly terminated, either voluntarily, or by judicial decree, the prospective adoptors (2) have no rights to the child, nor the right to make decisions on behalf of the child, mother or father. It is irrelevant that the mother and/or the father may have decided to make an adoption plan, and even chosen prospective adoptors prior to the time when their rights are to be terminated.

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Oct
19

Adoption Law: Start to Finish

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On November 9, 2011, Karen Greenberg and Arlene Kasarjian will be presenting topics during the National Business Institute’s seminar, “Adoption Law: Start to Finish.” The seminar will take place at the Boston Marriott Newton. For more information or to register, click here.

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Sep
23

Contested Adoptions Are Not Child’s Play, Particularly in the Appeals Court

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Every year, thousands of adoptions make their way through the courts without a single blip.  However, there are times when problems arise, and an adoption case can quickly becomes very complex and even completely unravel.  Over the years, Konowitz & Greenberg has been involved in several such cases, and has worked hard to obtain the best possible outcome for its clients.

Over the years we have had our share of contested adoption and cases going up to the Appeals Court.  I have learned a lot about nuances in appeals.  For example, in adoption matters, if the aggrieved party chooses to appeal the case, a Motion to Stay the Judgment of the Probate Court, must be filed and heard by the trial judge.  In cases where the stay is denied, attempts have been made to appeal the stay of the judgment, claiming Rules of Civil Procedure govern adoptions and the stay is an automatic right.

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Sep
22

News from the Estate Planning Department

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You may or may not be aware that the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 contains several changes that favorably impact estate planning and taxes through 2012. These laws, however, will expire on December 31, 2012, and without further action by Congress, will revert to the laws in effect in 2001, which are much less favorable.

Highlights for 2011 and 2012 are as follows:

  1. The exemption amount increases to $5 million per person for federal gift, estate and generation skipping transfer taxes ($10 million for a married couple);
  2. The top marginal federal gift, estate and generation-skipping transfer tax is reduced from 45% to 35%, and a full “step-up” in basis rule applies for all assets included in a decedent’s gross estate;
  3. “Portability” of unused estate tax exemption in the estate of the first spouse to die, thereby allowing the surviving spouse’s estate to take advantage not only of his or her own exemption but also any unused portion of the exemption of his or her spouse.

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Sep
22

Massachusetts Alimony Reform: A Long Awaited and Welcomed Change

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The Massachusetts Senate and House of Representatives have passed the Alimony Reform Bill, and it is expected to be signed by Governor Deval Patrick. Once signed, the new Alimony Reform Act will become effective on March 1, 2012. The bill, having been passed at the recommendation of a special task force appointed in 2009, marks the first time in two decades that the Legislature has updated the Commonwealth’s alimony laws.

In Massachusetts, alimony is governed by Massachusetts General Law, Chapter 208, Section 34, but the existing statute is very vague, giving the court broad discretion and a minimum amount of guidance in awarding alimony. For most attorneys and litigants, trying to figure out alimony payments and duration has been a nightmare because they have had no clear formula to use, unlike child support calculations.

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Sep
21

Breaking Up is Hard to Do: Plan for the Successful End of a Business Partnership

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People form business relationships with the best of intentions. However, when forming a new business, often they are more excited about getting into the business and doing “it” than anything else. Of course, the last thing they think about are the legal details. That can be a real danger. Left ignored, details that seem tiresome or unimportant at the outset lead to big problems later—and can even destroy a business. The stress of battling a partner over details and issues no one considered ahead of time is enormous. It is better to plan ahead.

First, when selecting a business partner, think carefully and choose wisely. Do you even need a partner? Maybe not. If you do, that person should bring something substantial to the table—like deep pockets or industry connections. Before entering into any partnership, do some due diligence. It might be awkward, but even if you get along fine, ask for financial statements and a resume that includes the names and phone numbers of past investment partners.

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Sep
21

Growing Use of “Independent Contractor” Label Creates Dangers for Businesses

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As the economy continues to struggle, many businesses are relying more and more on independent contractors, and avoiding hiring new employees. Economically, the use of independent contractors offers a number of advantages over hiring traditional employees. Among other things, businesses can avoid paying overtime, payroll taxes, employment and worker’s compensation insurance and Social Security.

While the use of independent contractors certainly has its advantages, it also can create legal hazards, particularly if the designation is misused by classifying as independent contractors workers that the law says are really employees. While there are undoubtedly many cases where employers have intentionally misclassified workers, more often misclassification is the result of an honest mistake or genuine confusion about the law. Unfortunately, it is not always easy to determine whether or not an individual qualifies as an independent contractor.

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Jun
02

So, What Makes a Good Client?

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When I work with good clients, I find that I am especially motivated to get them great results because the relationship is rewarding for me. Conversations with clients result in new ideas, constructive criticism and to-do items that keep the project moving in a forward direction that produces results. I find myself suggesting new things to try with these clients, even if I haven’t tried it before.

So what makes a “good client?” The glib answer, for many attorneys, would simply be a client that pays his or her bills. But the fact that someone is willing to give you their money in exchange for your legal services, while a good thing, does not automatically make them a good client. I have many clients, each with varying personalities and qualities that make them unique. What I have learned over many years is that the clients I consider the best generally share a number of characteristics.

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Jun
01

Mortgage Practices Continue to Be Scrutinized by the Courts

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The mortgage industry continues to be a subject of heavy scrutiny in both the press and the courts. Some issues, such as the industry’s widespread failure to properly prove ownership prior to foreclosure and the marketing of subprime loans, have made national news. Others, such as lenders’ failure to pay recording fees when mortgages are resold, have recently made headlines within Massachusetts. At the same time, however, numerous cases continue to work through the courts and are clarifying and, in some cases, redefining the obligations of lenders and mortgage brokers.

The Suffolk Superior Court Business Litigation Session, for example, recently denied a lender and mortgage broker summary judgment on claims brought by a borrower alleging unfair and deceptive practices in violation of Chapter 93A, civil conspiracy, and breach of the covenant of good faith and fair dealing. Read the rest of this entry »

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