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17 Apr, 2024
What to do after being served with divorce papers in Massachusetts
01 Apr, 2024
Dealing with the loss of a loved one is already a difficult and emotional time, but when disputes arise over inheritance, it can make the situation even more challenging. In Massachusetts, inheritance laws can be complex and navigating through them can be overwhelming. This is where an experienced inheritance disputes attorney can step in to help you understand your rights, navigate the legal process, and work towards a resolution. In this blog post, we will discuss the role of an inheritance disputes attorney and how they can assist Massachusetts residents in resolving inheritance conflicts. When it comes to inheritance disputes, emotions can run high as family members may disagree on how assets should be distributed or have concerns about the validity of a will. An inheritance disputes attorney can provide objective guidance and legal advice to help resolve these conflicts. They can review estate planning documents, such as wills and trusts, to ensure that they are valid and legally binding. If there are concerns about undue influence or lack of capacity when the documents were created, an attorney can investigate these matters and take appropriate legal action. Furthermore, an inheritance disputes attorney can represent clients in probate court proceedings if necessary. Probate court is where wills are validated, assets are distributed, and any disputes are resolved. Having legal representation during these proceedings is crucial to protect your rights and ensure that your loved one's wishes are carried out according to their intentions. An attorney can advocate on your behalf, negotiate with other parties involved in the dispute, and work towards a fair resolution. In addition to representing clients in court, an inheritance disputes attorney can also offer alternative dispute resolution methods such as mediation or arbitration. These methods allow parties to work together with a neutral third party to reach a mutually agreeable settlement outside of court. This approach can save time and money compared to traditional litigation while still providing a structured process for resolving conflicts. It's important to note that not all inheritance disputes need to end up in court. An attorney can help facilitate communication between family members, clarify misunderstandings, and explore creative solutions to reach a compromise that satisfies everyone involved. By having an experienced legal advocate on your side, you can navigate through the complexities of inheritance laws in Massachusetts with confidence. Dealing with inheritance disputes after the loss of a loved one is never easy, but having an experienced attorney by your side can make all the difference in finding a resolution that honors your loved one's wishes while protecting your rights. If you are facing an inheritance conflict in Massachusetts, don't hesitate to seek legal guidance from a knowledgeable attorney who specializes in handling these types of cases. With their expertise and support, you can navigate through the legal process with clarity and peace of mind.
09 Feb, 2024
Contracts are a fundamental part of the business world, and they involve legally binding agreements between two or more parties. Whether you are starting a new business venture, entering into a partnership agreement, or buying a property, contracts will always be involved. Therefore, it is essential to have an experienced attorney who can help with drafting and reviewing contracts to ensure that your interests are protected. If you reside in Massachusetts and require legal assistance with drafting or reviewing contracts, this blog post is for you. In this piece, we will discuss why hiring a drafting and reviewing contracts attorney is crucial for Massachusetts residents. Expertise and Experience When it comes to drafting and reviewing contracts, experience and expertise matter a lot. A skilled attorney who understands the legal language used in contract documents can help you avoid costly mistakes that could lead to litigation in the future. By working with an attorney who has extensive knowledge of contract law, you'll be able to identify potential issues before they arise. Risk Mitigation The primary purpose of any contract is to mitigate risks associated with business transactions. A well-drafted contract should provide protection against unexpected situations that may arise during the transaction's course. An experienced attorney can help draft comprehensive contracts that address potential problems such as breach of contract, force majeure events, payment disputes, warranties/representations/covenants breaches, indemnification clauses among others. Customizable Contracts No two businesses are alike; therefore, no two contracts should be identical either. Hiring an experienced attorney ensures that your contact is tailored to meet your specific needs rather than using boilerplate templates found online which do not protect your interests entirely. Negotiation Skills Knowing how to negotiate terms in a contract is an essential skill when it comes to closing deals successfully. An experienced lawyer can use their negotiation skills to ensure that you get the best possible terms in a contract. They can also help you identify areas where you may be at risk and work with you to come up with ways to mitigate those risks. Legal Compliance Contracts are legally binding documents, and there are laws that govern how they should be written and executed. An attorney who specializes in drafting and reviewing contracts will be up-to-date on current laws and regulations in Massachusetts, ensuring that your contract is compliant with all legal requirements. In conclusion, having an experienced attorney who specializes in drafting and reviewing contracts is essential for Massachusetts residents. By working with an attorney, you can avoid costly mistakes, mitigate risks associated with business transactions, negotiate favorable terms, create customizable contracts tailored to meet your specific needs, and ensure legal compliance. At LaFortune & LaFortune, we have extensive experience in drafting and reviewing contracts for businesses of all sizes. If you require legal assistance with drafting or reviewing a contract in Massachusetts, please contact us today for a consultation.
24 Jan, 2024
What Are the Consequences of Being Involved in a Fatal Car Accident in Massachusetts?
03 Oct, 2023
Given concerns about the Coronavirus, Courts are closed to the public and are hearing matters by phone or video conference. Courts have greatly reduced staffing in order to protect the well-being of their staff and respect advisories and mandates regarding limiting the number of people at any gathering.  We are pleased to inform you that we offer MEDIATION SERVICES for all divorce and family law matters in our office at 575 Turnpike Street, North Andover, MA. We are available to help you resolve child visitation and custody issues, child support, alimony, and parenting plans, in addition to complete divorce agreements. We disinfect the office several times a day, and we are not open to foot traffic. As you may know, each attorney has his/her own office, and we do not schedule matters back to back in the conference room. This is our long- established policy to ensure client privacy. Considering the Coronavirus scare, it also gives us a generous opportunity to disinfect all doorknobs and the conference room between appointments. We also remove unnecessary chairs in order to provide distance between people in the room. Some of you may have temporarily and indefinitely lost day care providers or have schoolage children at home. Others may be working out of your homes or may have had to work different schedules or more hours. You may need help changing a parenting plan temporarily and indefinitely until this crisis is over. Please let us know if we can help make this time easier for you by mediating any of your concerns. Wishing our dear clients and colleagues good health.
03 Oct, 2023
While mediation of divorce has become commonplace, many do not realize the benefits of mediating disputes regarding wills, trusts, and other estate issues. Like divorce, disputes over estates can be emotionally charged because people feel hurt by family members. After all, a once close and loving family is dealing with the loss of a loved one, along with disappointment and even anger regarding the distribution of assets. An inheritance is the last contact one has with the deceased, so clinging to that can be a way of holding onto the person.  Families are complicated. There could include siblings, stepchildren, stepparents, in-laws, and spouses of the above with different ideas of what is fair or what the decedent intended. More people can mean more opinions. There can be confusion, misunderstanding, and miscommunication, all of which can prolong or obstruct a resolution. Mediation is conducted using an agreed upon agenda, so issues are prioritized, and everyone’s concerns are addressed. In other words, everyone is heard and treated with respect. Mediation of an estate dispute empowers the family to craft a resolution with which everyone can live. The family might even heal, having had the opportunity to express their concerns in a safe and private setting. Mediation is also most often a more expeditious and less costly alternative to litigation. At LaFortune and LaFortune, we are available for evening appointments which makes it easier for mediation cases to be scheduled when all interested parties can come.
03 Oct, 2023
Estate plans often include a trust so heirs can avoid having to probate the will of a decedent. A trust can incorporate the protections of a spendthrift provision. The effect a court will give to the spendthrift provision is fact dependent, and caselaw gives us the following guidance. Those who establish a trust are referred to as the settlors or donors. They can opt to name themselves also as beneficiaries. In doing so, the amount of assets they can access for themselves or for their benefit can be vulnerable to recovery by a creditor. A spendthrift provision to protect assets from access by a beneficiary who has a mental health issue or addiction is to be handled with care. A detailed description in the wording regarding the application of monies should consider any special needs provisions in the trust and limit the application of the funds in amount and/or purpose in order to limit exposure to creditors. When it comes to the divorce of a trust beneficiary, a prenuptial agreement is a better option. For parents who opt to incorporate a spendthrift provision as a means of protecting assets from a child’s divorce, it is important to know that the history of distributions in amount and purpose to or for the benefit of the child, as well as the indirect or direct benefit to the child’s spouse and their children, will be key considerations in the court’s determining if and the extent to which the trust benefits will be part of the divorce assets to be considered. 
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