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“It’s so free this kind of feeling;
It’s like life, it’s so appealing;
When you’ve got so much to say;
It’s called Gratitude and that’s right.”

-Beastie Boys

We have so much to be thankful for this year: our families, clients, vendors, and colleagues. We very much appreciate your business, referrals, and friendship. Happy Thanksgiving!

Faye & John

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Real Estate laws: weird or true?

Laws are always evolving and changing. Some changes are fairly significant, like the child support guidelines taking effect next month, but others are slight clarifications of existing laws, like the one that we recently posted on Facebook regarding easements in condominiums; however, some just don’t make sense, like these real estate ones:

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What is in a Name?


2016 was the year of “celebrity” deaths.  One passing that went fairly unnoticed was Richard Trentlage, who wrote the Oscar Meyer Wiener song.

Let’s be totally honest: growing up with a name like “Faye Weiner” can be a challenge. Nobody ever knows how to pronounce or spell it and more than every once in a while, someone will sing that catchy song to you like it’s the first time that anyone has ever thought of doing it.

Having a unique name can be rich with family history and personality; however, if you want to change your name, it is very easy to do through legal proceeding.

The most common type of procedure involves a change of marital status. At the time of marriage or divorce, Massachusetts law allows a person to change surname. You cannot force someone to change their surname; however, there is a growing trend of individuals who strongly want their (soon to be) ex-spouse relinquish their married name at the time of divorce. A while back we posted an article on Facebook and Twitter discussing this topic:

We often see our clients struggle with their post-divorce surname; the biggest reasons that we hear are concerns about having the same last name as the children, avoiding the process of changing all accounts and legal documents, as well as easier recognition within the community.  Either using your married or maiden name is acceptable and common.

Absent change of marital status, all you need is an original birth certificate, a completed petition to the probate and family court in your county, and a filing fee. Once the documents and fee are submitted, you need to attend a quick judicial hearing. It’s that easy.

….and for those who actually read to the end of this blog, a quick history lesson: the actual last name  “Weiner” is pronounced differently depending from where your ancestors migrated. In this case, the family name is related to wine producers (aka “Wine-er”) in European vineyards.

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Five Rings.

We are going on a limb with this one: Tom Brady and Gisele Bundchen likely have a prenuptial agreement. We haven’t seen it, but hopefully, he made provisions for him to retain all of his Super Bowl rings and his MVP trophies if their marriage ends.


If at the time of the marriage, Brady disclosed that he owns three Super Bowl rings and a couple of trophies, but didn’t make provisions for the future? In that case, his wife may have a claim for rings and trophies for the fourth and fifth as marital assets. OUCH (especially for number five).


We love prenuptials for average couples because they create an opportunity for them to have uncomfortable conversations about their priorities and financial future. Have you been married before? Do you have children? Do you have some savings or a home? If the answer to any of those questions is “yes,” then a prenuptial is an important legal protection for you.


Protections typically include division of property, alimony, debt, life insurance, health insurance, and what financial support children from a prior relationship might get during the marriage or when the parent dies. In order for a prenuptial to be valid, the following conditions must be met:

  •          Both parties must make full disclosure of all assets and liabilities;
  •          The agreement must be fair and reasonable at the time entered into by the parties;
  •          Both parties must be represented by counsel;
  •          Both parties must sign the document prior to the wedding;
  •          Both parties must sign the document of their own free will;
  •          Both parties must have the capacity or ability to sign the document; and
  •          The agreement must also be fair and reasonable at the time of divorce.


Given the second look at the time of divorce, it would be unlikely that our GOAT would lose his fourth and fifth rings if they were not protected in a prenuptial. That would just be unfair and unreasonable, wouldn’t it?


On to SIX!

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What Happens Next? Closing 101

Yea….you found a new home! You have so much to do. You need to pack. You may also be busy shopping for necessities, such as furniture, towels and dishes. You may also need to hurry up and WAIT??

Closing attorneys, lenders, and real estate agents do their best to make closings happen on the date stated on your Purchase and Sales Agreement (“P&S”). We work as a team, along with many other professionals. During this time, lenders coordinate with appraisers and insurance companies. Agents insure that certificates are obtained and utilities paid. The closing attorney teams with engineers, title researchers, local tax officials, and sellers (or their attorneys). A good team of agents, lenders, and attorneys will be in constant communication with one another and will be focused on the same goal of closing on time.

Once everything is ready, your lender will send a Closing Disclosure for your approval. The Closing Disclosure contains all costs and credits involved in the transaction. Buyers must wait three days after the document is released to “close” or purchase the home.

What happens next? Make sure that you have your photo identification ready, your funds available, and stretch those fingers!

Typical closings involve 150(ish) pages of paper, some from the lender and others from the attorney. Some of the documents will be familiar to you, like your Closing Disclosure, tax forms and loan application; other documents may be less familiar to you, like an Owner’s Title Policy or Declaration of Homestead. The closing attorney will highlight the content, show you where to sign or initial, and (sometimes) date. The entire process usually moves very quickly and is done under one hour.

Once the documents are signed, some need to be recorded at your local Registry of Deeds. As soon as that happens, you are officially a homeowner. Congratulations!!

** In most cases, a Closing Disclosure is used; however, there are exceptions, such as a property being paid for in cash and reverse mortgages.