May
24

A takeaway from Prince’s death: Do not die without a will

Prince is the latest celebrity to die without a will. To many of us it was shocking that this music legend did not leave instructions on how to administer his vast fortune. When celebrities die without a will it makes headline news. Despite the fact that about 50% of Americans die every year without a… Continue reading »

Oct
11

Highlights of the Newly Enacted Uniform Trust Code

On July 8, 2012, Massachusetts enacted the Uniform Trust Code (UTC), which codifies the existing laws pertaining to trusts, but also clarifies, simplifies and modernizes the rules governing the administration of trusts. Massachusetts joins more than twenty states in adopting the UTC with the intent of providing trustees with greater flexibility in the administration of… Continue reading »

Mar
26

Giving a Voice to Those Often Silent

November is National Adoption Awareness Month, and each year the courts designate a National Adoption Day. Judges in the courthouses across Massachusetts clear their dockets to finalize the adoption of children and teens in state foster care. While adoption is a wonderful thing, there is a voice in the adoption process that is too often… Continue reading »

Nov
11

Overcoming Interstate Adoption Issues

A. What is the Interstate Compact on the Placement of Children? The Interstate Compact on the Placement of Children (“ICPC”) is a federal law which establishes uniform legal and administrative procedures governing the interstate placement of children. The ICPC is premised on the belief that children requiring out-of-state placement will receive the same protections and… Continue reading »

Nov
11

Following Ethical Guidelines in Adoption Law

Identifying Conflicts of Interests The goal in any adoption is to ensure that each participant’s rights are protected, that each fully understands the implications of the process and the placement to be a permanent one. A placement can unravel quickly if ethical guidelines are given short shrift. This can lead to the voiding the surrender… Continue reading »

Nov
11

Offering the Different Adoption Options

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… Continue reading »

Sep
22

Massachusetts Alimony Reform: A Long Awaited and Welcomed Change

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… Continue reading »

Sep
21

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

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… Continue reading »

Jun
01

Mortgage Practices Continue to Be Scrutinized by the Courts

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… Continue reading »

Jun
01

Reviewing Your Purchase & Sale Agreement

The purchase of a new home is an exciting and stressful time for buyers. The buying of a new home may not only be the most significant and largest purchase most people will make, but it also involves the law of real property, which is unique and presents special problems. The legal issues that arise… Continue reading »

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