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Seven.

How many signs for homes for sale do you see on a daily basis? It seems like they are everywhere right now. On my way home this week, I counted seven within a two mile area.

With so many realtors vying for your attention, how do you know who to call if you want to buy or sell your house? The best thing to do is to get a referral from someone that you trust. From my perspective, the two most important traits in realtors (and anyone providing a service) are really good communication skills and attention to detail.

I recently did a closing with a realtor involved in her first transaction. The most helpful thing that she did was tells me that this was her first closing, so that I wouldn’t assume that she knew everything I needed her to do to prepare; Although she was green to the process, she had excellent communication skills, which made the transaction seamless and a pleasure for all involved.

Similarly, a very experienced realtor that I am working with identified a potential, significant issue with a property that would have effected the use and enjoyment of the premises, before the purchase and sale was even initiated; because of her diligence, the Buyers saved a lot of time and money, not to mention stress.

On that theme, I found a recent article discussing the top 5 signs what makes a realtor not the one that you want to work with: http://www.propertycluster.com/blog/bad-real-estate-agents-top-5-signs/

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First Comes Love, but are you married?

I know a couple in their early 90’s. For over 30 years, they have identified themselves to friends, family, and the community as “Mr. & Mrs.*”

Mr. & Mrs. recently asked me to help them with the sale of their home. When I looked at their current Deed, there were two names listed, but they did not share a last name. Of course, I inquired as to whether Mrs. had changed her name at some point, including after the house was purchased. Mrs. told me that she had never changed her name legally after they were married.

After some additional inquiry, Mr. & Mrs. stated to me that they are common law spouses. They told me that they were wed in a ceremony performed by a friend, who was not an actual, registered officiant, and never obtained a marriage license. I found myself in the unfortunate position of needing to explain to them that while they are a loving, committed couple, Mr. & Mrs. are not actually married within the Commonwealth of Massachusetts.

Mr. & Mrs. do not have any of the legal protections offered by the Commonwealth for married couples. Sadly, they both appeared surprised by and unprepared to handle the reality of their prior decisions.

This situation is not all that uncommon, especially among individuals who want to preserve existing entitlements or pension benefits; however, there is a way to protect yourself without getting married: Massachusetts recognizes Cohabitation Agreements, which outline how legal, personal, and financial matters will be handled if the couple breaks up or a partner dies. Similarly, some basic estate planning may also resolve some of the legal issues that committed couples, who are not married, face.

As always, please feel free to contact me if you have any questions about this or anything else.
 * While this article refers to “Mr. & Mrs.,” the term is being used generically to include both the traditional marriage arrangements, as well as “Mr. & Mr.” and “Mrs. & Mrs.”

North Attleboro Plainville Wrentham Bristol Norfolk Real estate child support custody divorce real estate homestead title insurance Attleboro lawyer legal law office modification contempt estate plan planning will power of attorney old republic title company living will Norton Franklin Bellingham Canton Easton Marin School Association Representative Town Meeting Junior League of Boston Contractor Disputes Personal Injury Landlord Tenant  Deed paternity South Attleboro Cub Scout pack 65

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Calling all HEROES!

I love heroes. Veterans, teachers, police officers, and fireman do a job that I am not brave enough to do myself. I’m so pleased to announce that I offer a discount on legal services to all HEROES. Please call or email for details.

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Who should YOU vote for in 2016?

The sudden death of Antonin Scalia has renewed an important and often overlooked conversation in America about the process of replacing a Justice of the United States Supreme Court. Unfortunately, the debate over whether the current President of the United States (“POTUS”) or his successor will nominate the inheritor of Scalia’s seat has greatly overshadowed his accomplishments.

Regardless of whether you agreed with Scalia, he demanded respect. He displayed a quick whit and candor in his legal opinions. He challenged attorneys to answer difficult questions, even before they were done presenting their cases. He demonstrated an ability to build and maintain a close friendship with someone who was his polar opposite politically. Even as a member of the Supreme Court bar, I never had an opportunity to meet him; however, those who had the pleasure have told me that he made you feel instantly comfortable and important, even though he was one of the most intimidating figures in modern history.

It is likely that the current POTUS will be the one to nominate Scalia’s successor. Even if the current POTUS nominates the heir to the Scalia seat, there are three (3) spots which are likely to be open within the next few years due to the age of the current justices. Hopefully, who ever is nominated in the future focuses on process, not agenda; however, it is nearly impossible to eliminate political affiliation and thought process. Therefore, it is SO important to consider the power of POTUS nomination when you go to vote. In the meantime, please enjoy this article that Time magazine recently posted about the process of replacement:

How the Next Supreme Court Justice Will Be Chosen

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Giving Thanks!

2015 has been a landmark year of growth for my practice. As we end this month focused on giving thanks, I want to say  “Thank You” to some special people.

  • To my clients, past, present, and future:  Working together has been my pleasure. I hope that working together has helped you to move forward in your life in a positive way, whether it be as newly single, recently married, buying or selling your home, or protecting your assets for your family;
  • To my friends, family, and colleagues that have referred cases to me: I appreciate your trust and confidence in me;
  • To my colleagues who are opposing counsel: I enjoy a good sparing session, but especially when it is with someone who makes an argument with integrity;
  • To my colleagues who allow me to brainstorm with them: A solo practitioner without a sounding board would not be nearly as effective;
  • To my friends and colleagues in real estate (lenders, agents, everyone at my Title company,and other professionals): I am so excited to keeping building our relationship and providing amazing service to our clients;
  • To my friend, Erin Sweeney, for designing a new website for me. I can’t wait to launch it soon and for everyone to see her GORGEOUS work;
  • To the readers of this newsletter: I appreciate that you take the time to open and read what I’ve written. Your feedback is so helpful and keeps me motivated; and
  • To a good friend and colleague that I want to call out by name, but who would be mortified if I did: THANK YOU for your inspiration and support this year. From our first conversation at school to Box Seats to late phone calls and emails, your graciousness and knowledge is much appreciated.

Best wishes for a wonderful holiday season!

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