A medical malpractice suit can be filed anytime a person feels they have been injured or harmed during the course of a medical procedure. It can be hard to prove malpractice, and there are time limits you have to follow in order to file. You’ll need certain documentation, so the sooner you can start the process the better off you’ll be. ...read more
Getting a divorce is never a pleasant experience. The cost of attorneys and court fees adds to the stress of the divorce. If both parties are in agreement with no party contesting any part of the divorce, you can file for a DYI uncontested divorce. ...read more
International divorce law can be complicated because national divorce laws vary from one another. If the couple is from different countries, one country's divorce laws may have jurisdiction over the couple in regards to the division of property and custody of children. ...read more
While attorneys often start their legal careers working as associates in existing law firms, some attorneys decide they would rather work for themselves in the area of law they practice. If you have determined that you want to practice bankruptcy law and be your own boss, you may want to form a bankruptcy law firm. ...read more
Business law classes are offered in high school. The course teaches students about the laws that need to be applied when a business is in operation. Students also learn the different laws as they pertain to the different business practices. High school professors come up with various methods of teaching their students about researching business laws. The goal of the teacher is to teach the student how to retain the information that they have learned. ...read more
If you are married and you and your spouse both agree the marriage is over, an uncontested divorce allows you to divorce in a dignified way, quietly, and inexpensively. Most couples choose this route to divorce because it cost less. In addition, it avoids the nastiness that often happens with a contested divorce. ...read more
THE NEW AND IMPROVED HOMESTEAD LAW, coming to Massachusetts homeowners soon ! by Chris H. Mangos by Chris H. Mangos, Esq.&Geoffrey; F. Stone, Esq. on 02/24/11 Governor Patrick approved Chapter 395, of the Acts of 2010 Laws revising Massachusetts Homestead Law, M.G.L. ch. 188 (see Senate Bill No. 2406). A Declaration of Homestead is a document which, when recorded with the appropriate Registry of Deeds, protects a portion of the property owner's equity (market value less secured debt) in the property from creditors who have obtained a judgment against the property owner. The new Homestead Law takes effect March 16, 2011 and provides Massachusetts homeowners greater protections against judgment creditors. A summary of the new law is as follows: $125,000.00 Automatic Homestead Protection. Every homewoner in Massachusetts that occupies his/her home as their primary residenced will now have an automatic $125,000.00 homestead protection. No requirement to actually file a written declaration and record with the Registry of Deeds. $500,000.00 Homestead Protection With The Filing Of A Declaration. Upon the filing of a Declaration of Homestead with the Registry of Deeds, a resident homeowner will now have $500,000.00 equity protected against judgment creditors. Not bad for a mere $35.00 recording fee. Law Applies To A Family Home Held In Trust. If your home is held in trust, live in it, and have a beneficial interest in it, you will now be protected under the new law. Homestead Protection Continues After Refinance. The old law was unclear whether a refinance extinguished the prior homestead declaration. No longer any confusion since the new law states that a refinance will not waive the previous homestead declaration. Furthemore, lenders can no longer make you waive the previous homestead declaration as a condition of the loan. Proceeds From A Home Sale And Any Insurance Payouts Will Now Be Protected. The theory of the old law was that the homestead protection applied to the home only, not the cash derived from a sale or insurance proceeds. The new law protects proceeds from the sale of your home for one year, and insurance payments for two years. Multi-Family Homes Now Protected. The new law protects multi-family homes up to four (4) units. Eliminates Pre-Existing Debt Exclusion. Although a Federal Bankruptcy Court held that the reference to pre-existing debt exclusion under the old law unenforceable, the new law eliminates the reference to pre-existing debt exclusion. Attorneys And Settlement Agents MUST Inform Borrowers In All Mortgage Transactions Of The Homestead Protection. Not only must attorneys and settlement agents inform borrowers of the homestead protection, but attorneys and settlement agents must explain the difference between the declared and the automatic homestead. Written proof of this requirement is mandated on attorneys and settlement agents (yet another form to be signed at closing). That is a brief summary of the substantial changes in the law. Of course, the homestead protection does not apply to most taxes, security mortgages, orders of the probate court for child or spousal support, and judgments for fraud and the like. Should you have any specific questions regarding the new Homestead Protection Law, call our office and we will be glad to discuss this new law as it applies to your specific situation. ...read more
By Mangos & Stone, Attorneys At Law February 25, 2011