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Legal Blog

As a pet lover with two cats and two dogs, I understand how pets become part of the family.  The law allowing pet trusts makes it easy to plan for the care of your pets if you become disabled or die.  The pet trust became a law in Massachusetts on April 7, 2011.  It allows the pet owner to legally make enforceable trusts which provide for the care of your pets.  

The reasons to consider a pet trust are:

 

 •     If you have identified a caretaker for your pet and that person needs access to  funds to care for the pet, but you do not want that person receiving all the remaining funds after the pets dies;

•     If your life expectancy is shorter than your pet’s;

•     If there is a concern about who would care for your pet if something were to happen to you;






The results of a bankructy will be part of you credit record for ten years from the date you field your bankrupcty.  This does not mean that you can not get a car, credit card, loan or home. 

A  bankruptcy is just about always considered a negative event on your   fico score.  However, the impact depends on your entire credit profile.  If you have a great score a bankruptcy will greatly reduce our score.  However, given that most people filing bankruptcy may only see a modest drop to their score. 


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In a bankruptcy, you are generally able to cancel your debts.  There is an option to reaffrim  your debt in writting.  If you reaffirm you are then legally obligated to pay your debt despite the bankrupcty.  It is alway optional and you may change your mind on any reaffirmation filed within 60 days.  The reaffirm ation is not necessarily on the same terms and you should speak to a lawyer prior to deciding.

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There are many misconceptions about criminal records in MA.  Juvenile cases are not easy to view, however, the charges do show up on your record.  Even a CWOF , not guilty or dismissal will show up.  Getting a juvenile record expunged is generally not possible under MA law.  The records may be sealed upon an allowed motion.  The impact on a juvenile records is much less than with an adult charge but there are a lot of potential drawbacks.  

 

[video:http://www.youtube.com/watch?v=KAq3lb-ZFck&feature=dir]


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This is a big mistake that many people make.  The case is the 'commonwealth" or "state" and the alleged victim is simply a witness.  In general, the da's office does not want to dismiss cases.  The prosecutor considers what the alleged victim wants but it is not what controls the case.  Many times, there are options if the alleged victim has a fifth amendment or marital priviledge.  Sometimes, having the alleged victim sign an accord and satisfaction may make getting the case dismissed easier.  In general, the less serious the allegations and the lack of a record may make getting the case dismissed easier.

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The debt that you still owe include: Child Support, Alimony and spousal support; Student loans( there are a few exceptions); Most tazes; Most criminal fines and related court costs, drunk driving injury claims; any money that a creditor can show in court that is was borrowed by false pretense. 


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In MA ,there is no legal seperation.   There are some confusion over the term.  There are temporary orders while a divorce is pending that many consider a legal seperation.  There is also sperate suppport action but that is only best for people who want to rmeain married.  Other an informal seperation a legal seperation but it is not considered so under the law.

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Deseration is a cause of action that is in a divorce called "utter deseration" for one year.  It is rare that this cause of action is met.  Moving out has many factors and may be one of the most important early decisions in a divorce.  It may make it harder for the other spouse to have to move out or agree to sell the house but there are many factors that have to be examined inclduing children and custody and if there are issues of domestic violence.  You should speak to a lawyer to get the legal pro's and con's before making a decision.

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In MA, in order to file a complaint for divorce, probate court must have jurisdiction.  One of the spouses must be a resident of MA if the grounds for divorce occred in MA.  The residency requirement is one year.

 The action is heard in the county where one of the parties lives except that if either party still resides in the county where the party last lived together.


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No one plans on getting arrested for an OUI.  Many people with Melanie's law are looking to plead out rather than face a trial.  However, there are many benefits to going to trial.  First, each case is different but there are very good odds of being able to win an OUI case, especially if there is not breath test.  There are posible harshier penalties as a result of a plea including insurance going up significantly, issues going to canada, possible job issues and housing issues.  One of the worst issues is if the future you get a another charge you may get jail time or at least a 14 day in patient program where you might have been able to win the first case.

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