The question was put to me: What do I say on the motion form provided by the court when it asks "Motion For ______________"? I'm going to assume you are a layperson (nonlawyer) trying to file something in court "pro se"--that is, on your own and without a lawyer. A bit of civil procedure rules … Continue reading What is a “Motion” and How Do You File One in the Family Court?
Wills and Estates
I was estranged from my Mother who passed away recently, is someone obligated to let me know details of the will? As a youngster I was hit by a car, my parents sued on my behalf, 50 years later I have never received a penny every time I asked my Mother she would change the … Continue reading Wills and Estates
Can a Separation Agreement be changed after Judgment?
It is unclear what you are referring to when you say "Separation Agreement". MA does not recognize legal separations;it does however allow for actions for Separate Support. Agreements for separate support address only the custody and financial needs of the (custodial) spouse and the children (they do not address distribution of marital assets). Unlike in … Continue reading Can a Separation Agreement be changed after Judgment?
When Can I Stop Paying Child Support? :-(
"My kid is 18 now. Can I just stop paying child support to his mother?" I haven't run the stats on this, but its my unofficial opinion that this is the most commonly asked question from people looking up legal advice in child support matters on line this year. As we Baby Boomers age, our children … Continue reading When Can I Stop Paying Child Support? 😦
Are Online Wills Legal?
Online wills CAN be legal, but...The baseline for a valid will is PROPER EXECUTION. Each state has its own specific rules of procedure, so you should speak with a local counselor or look up your state laws online. Be sure you are using an online form that complies with state requirements. Essentially, all states require … Continue reading Are Online Wills Legal?
Gay Marriage — Unhappy Divorce
Marriage equality has gained enormous momentum since the landmark Massachusetts ruling in Goodridge v. Dept. of Public Health, 798 N.E.2d 941 (Mass. 2003), with 18 states and the District of Columbia legalizing or recognizing Gay marriages since 2003. http://www.cnn.com/interactive/us/map-same-sex-marriage/ Thats the good news. The bad news is that state have been left with no legislative guidance as to how … Continue reading Gay Marriage — Unhappy Divorce
MATTA LAW reaches new benchmark
MATTA LAW'S Attorney, Estela Matta, has reached a benchmark of over one thousand of YOUR legal questions answered. More than 750 unaffiliated attorneys have concurred and agreed with the legal content, quality and particularized information provided by Attorney Matta in answer to your individual legal concerns. Keeps your questions coming! When your case matters--call Matta Law. A proven record of … Continue reading MATTA LAW reaches new benchmark
Can I back out of divorce/separation agreement?
An agreement isn't binding until a judge signs and enters it. If you find, after consideration and possibly advice of independent counsel, that the terms and conditions enclosed in the Agreement are not tolerable or include things you feel you can not live with, then do not passively allow it to happen to you. Once … Continue reading Can I back out of divorce/separation agreement?
3 Siblings Made Up a Will after Father Died. What is the Possible Penalty?
Forgery and fraud are crimes--serious crimes, and they carry serious criminal penalties. Lying to the tribunal, by submitting falsified papers, can give rise to civil and criminal contempt charges as well as subject one to fines, and/or incarceration. When a person dies without a Will, they are deemed to be "intestate" (without a 'testament'). The courts … Continue reading 3 Siblings Made Up a Will after Father Died. What is the Possible Penalty?
What is the Difference Between Guardianship and Custody?
Custody is the exclusive purview of a parent. A parent is the natural guardian of a child. When a child is born there is a presumption of legal and physical custody of the child to the biological parent(s). However, for every rule of law there are exceptions. If a child is born to a married … Continue reading What is the Difference Between Guardianship and Custody?
Estela Matta, Attorney At Law 