12 02, 2024

Why a Disinheritance Clause May be Necessary in a Will

February 12th, 2024|

The Appeals Court recently issued a decision in a groundbreaking case where the disinherited son's classification as an "interested person" under the Massachusetts Uniform Probate Code did not grant him the standing to contest his stepmother's appointment as the personal representative of his late father's estate. Ronald Birkenfeld's will directed all tangible property to his wife, Pamela, while the residue of his estate poured into a revocable trust. Notably, the will explicitly excluded Birkenfeld's three

5 02, 2024

Owners of U.S. Companies Need to Learn How to Avoid a $500 Per Day Fine

February 5th, 2024|

Did you know that: (1) the Corporate Transparency Act, a federal law that became effective January 1, 2024, requires almost all U.S. companies to file a report with the Financial Crimes Enforcement Network of the U.S. Treasury (“FinCEN”) that discloses information to FinCEN about the company and its owners, (2) reports that are filed late are subject to a $500 a day fine, and (3) willful failure to file or willfully filing false information can

4 01, 2024

Unpaid Contractor? Understanding the Mechanic’s Lien

January 4th, 2024|

Many individuals entering into agreements for the provision of services or goods may be familiar with the concept of mechanic's liens. While the term is commonly heard, only a few understand how to effectively use this legal tool to secure payment when it is withheld for services and goods rendered. A common misconception is whether one needs to be a mechanic or involved in automotive work to employ a mechanic's lien. The answer is no.

30 11, 2023

How the Consumer Protection Act (M.G.L. Chapter 93A) Protects People from Unfair and Misleading Business Actions

November 30th, 2023|

If you've engaged in business or trade, chances are you've encountered unfair or deceptive practices resulting in financial losses. Fortunately, in Massachusetts, recourse is available for consumers facing such situations. M.G.L. c.93A empowers consumers to file individual or class action lawsuits against businesses engaging in "unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce," provided the consumer suffered an injury due to such practices (Section

9 11, 2023

Why Now Is a Great Time to Incorporate Your Business

November 9th, 2023|Tags: |

Incorporating your business is a significant decision that can have far-reaching implications for your company's growth and success. While the timing of this decision is crucial, there are several compelling reasons why now is an excellent time to consider incorporating your business. In this blog, we'll explore some of the key factors that make the present moment perfect for taking this important step. 1. Limited Liability Protection: One of the primary benefits of incorporating your

19 10, 2023

Understanding Workout Agreements for Commercial Real Estate

October 19th, 2023|

By Michelle OliveiraCommercial real estate is a dynamic and complex industry that often faces economic downturns, market fluctuations and unforeseen challenges. When property owners, developers, or investors encounter financial distress or difficulties in meeting their obligations, workout agreements become a crucial tool for resolving issues and keeping properties viable. A commercial real estate workout agreement is a negotiated arrangement between lenders and borrowers aimed at resolving financial distress while preserving the value of the property.

28 08, 2023

What Massachusetts Homeowners Need to Understand About the New Nitrogen Sensitive Area Regulations

August 28th, 2023|Tags: , , |

On July 7th, 2023, new regulations regarding Nitrogen Sensitive Areas (NSAs) from the Massachusetts Department of Environmental Protection (Mass DEP) went into effect. If you are a homeowner in Massachusetts, particularly in areas of NSAs, it is important to comply with the new regulations. As a real estate firm servicing clients in Southeastern Mass, we clarify these new regulations and share some steps you can take today to save yourself from any issues.  Understanding Nitrogen

21 03, 2023

The Enforceability of Verbal Brokerage Contracts in Real Estate: What You Need to Know

March 21st, 2023|

Written by Michelle Oliveira It’s common knowledge to solidify contract terms or deals in writing. In fact, there is a doctrine called the Statute of Frauds which requires that certain contracts be in writing. However, in some cases and jurisdictions, particularly in Real Estate, a written agreement – or lack thereof – does not make the deal void. In certain cases, the deal may remain. If you are in a situation where there is no

29 09, 2022

Three Things You Need to Start Your Estate Plan

September 29th, 2022|

Written By Jessica Deratzian Planning for the future is often top of mind for many people. However, the answer on how to prepare isnot always cut and dry as it depends on each family’s circumstances. As an attorney with decades worthof experience in estate planning, I often recommend a simple plan that consists of a Will, Health CareProxy, and Durable Power of Attorney. Just these three documents can give you and your family peaceof mind

19 09, 2022

Does a Purchase and Sales Agreement Survive After the Seller’s Death?

September 19th, 2022|Tags: , , , |

Written by Michelle Oliveira When contracts are signed, there is a legally enforceable agreement. But what happens if aparty in the agreement passes away? The question is then whether the agreement remains intact, or if itcan become null and void? In a recent case, a Superior Court judge upheld the enforcement of a purchase and salesagreement where the seller passed away prior to the closing. The case, Liberty Hill v. Fernald, Lawyer’sWeekly No. 12-044-22, was