PK Boston

About Robert Pellegrini

This author has not yet filled in any details.
So far Robert Pellegrini has created 87 blog entries.
22 01, 2015

Formation of Contracts Via Email

January 22nd, 2015|

In 2004, Massachusetts adopted the Uniform Electronic Transactions Act (G.L.c. 110G, §7(b)) making it clear that a contract can be formed and enforced under Massachusetts law when an offer is accepted electronically.  Recent Massachusetts case law maintains that a contract is still enforceable when neither party affixes a handwritten signature to a paper form of the contract if the contract was agreed to by an electronic record.  An electronic record is defined by the statute

14 01, 2015

Easements Are Not Forever

January 14th, 2015|

Easements are legal documents created by a landowner (a.k.a. the “dominant” land holder), which gives a different person or entity (the “servient” land holder”), a legal right to the land, or a portion of the land, often for a limited purpose.  For example, conveyancing attorneys often find easements for the benefit of utility companies, granting the right to install utility lines over a portion of the dominant estate.  Another example that frequently arises is when

17 12, 2014

Not Your Grandfather’s Mortage Disclosures

December 17th, 2014|

Recently, the Consumer Financial Protection Bureau (CFPB) issued its final rules creating new mortgage disclosure documents, which are scheduled to be implemented on August 1, 2015. The final rules combine various RESPA and TILA regulations to create all-new disclosure documents.  These documents were devised in an attempt to be more helpful to consumers, while integrating information from a myriad of existing sources, to reduce the overall number of documents needed to close on real estate.

9 12, 2014

Dependent Care Tax Breaks for Adult Children Caring For Parents

December 9th, 2014|

A valuable tool when adult children are caring for a parent is a Dependent Care Account.  If your employer provides you with access to an account, it allows an adult to pay for up to $5,000.00 of dependent care expenses using pre-taxed dollars.  If your employer does not allow for a DCA, the government allows for a Dependent Care Tax Credit for the adults own children.  A family will receive 20% on up to $3,000.00

26 11, 2014

What Happens When Beneficiaries Cannot Agree On Selling the Family Home

November 26th, 2014|

There are many disheartening stories that probate and estate planning attorneys watch unfold.  It is never easy to understand how children often cannot find common ground when addressing their parents' lasting legacy; however, it is increasingly common to reach a stalemate--especially when there is sub-perfect drafting of the estate plan. Often the best solution, in the author's opinion, is an uncommon one, simply because probate attorneys are less accustomed to dealing with property disputes than

17 11, 2014

Effect Of MassHealth Liens on Property and How They Can Be Avoided

November 17th, 2014|

There comes a time when many residents in Massachusetts need to utilize one of the many emergency assistance programs that exist for elderly individuals who require long term care.  When determining eligibility, needs based public benefits rely on three criteria: age and disabilities, assets, and income levels.  The state allows a personal residence and certain income to be excluded from countable assets or income when making this determination.  That is not to say that MassHealth

12 11, 2014

Troublesome Tenants Make for Good Case Law

November 12th, 2014|

The tenant-defendant in Barretto-Morse v. Laiacona, while sounding like a nightmare tenant, is unfortunately not unprecedented, in the author’s experience.  And, in the case at hand, this resulted in strong case law supporting good landlords. When the tenant was already $480 in arrears on her rent, she unilaterally decided to withhold all rent, in April, with no communication with the landlord until July.  By the time of the first court decision, the tenant owed over

6 11, 2014

Mechanic’s Liens

November 6th, 2014|

Most people who provide services to customers and clients have heard a thing or two about mechanic’s liens.  But, that’s about the extent of their knowledge, so we often receive questions asking if we can help attain one for our clients--often too late. What is a mechanic’s lien?  It’s filed pursuant to G.L. c. 254, which was designed to provide security to contractors, subcontractors, laborers and suppliers whenever they add value to real estate.  However,

27 10, 2014

Medical Flexible Spending Accounts Available to Baby Boomers Caring for Seniors

October 27th, 2014|

Many employed, adult children are eligible for medical flexible spending accounts which can save them approximately $1,000.00 a year.  A flexible spending account (or FSA) allows adult children to pay for up to $2,500.00 of medical care expenses for their parent using pre-tax dollars.  Although the expenses paid for with this account cannot be included as an income tax deduction, it is still a valuable tool in situations where the patent’s cost of care is