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“Do I really need that?”

There was a ghost at one of my recent closings. Not an actual ghost, but someone who had died 60 years ago was very present at the closing table. When he died, his wife inherited the house and later sold it.  This sounds fairly typical, correct? It was, except that wife had not filed any probate documents related to his death.

What does mean? Potentially, if left issue  unresolved, there could be a problem with the Title when the (current) buyer tries to sell the property. For that reason, I strongly recommended to my client that he should get Buyer’s Title Insurance.

Buyer often ask, “Do I really need that?” Don’t tell anyone, but before I started doing real estate closings, I may have thought no. Why would I want to spend even more money than I’m already spending on this house? Shouldn’t I be putting that money towards a new set of plush towels and paint?

My answer is very different now. Reviewing titles regularly, I realize how easily there can be a issue with a title; it doesn’t have to be big, something like a missing death certificate or an old lien, can either delay or stop a house from being sold or bought.

What is Title Insurance? (click on the link)

Is Title insurance worth the investment? Yes, yes, yes. Sometimes the risk obvious, like the friendly ghost in the story above; other times, it is not as easily resolved and significant expense can be involved.

The one-time expense for Title Insurance is usually minimal, especially considering the overall cost of buying a house. On an average house, the cost of a policy is equal to two or three hours of legal services. Without insurance, the cost of correcting or litigating a Title dispute could easily cost thousands or tens of thousands of dollars.

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From the “REALLY?” File

Not everyone feels merry or bright during the holidays.For everyone who needs a laugh and those who just like to, I offer the following article which will, hopefully, make you smile: The Strangest 50 State Laws That Still Exist.

http://www.ijreview.com/2014/12/222618-50-state-laws/

My personal favorite is Georgia; what’s yours?

Happy Holidays!

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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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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The Column That I Didn’t Expect to Write

People who know me know well are going to think it is hilarious that I am writing this newsletter. I’m generally not a big fan of reality television, with the only exception being Shark Tank, which I loved even before a friend was on it last year, but even moreso since. However, sometimes reality personalities become part of mainstream news and discussion.

Lamar Odom, former NBA player and reality personality, has been all over the news lately. I know very little about him or his family, but I have been asked several times, within the last week, to explain how divorce papers can be signed, yet they are not divorced and his Wife can still make health care decisions on his behalf. To the best of my knowledge, California has jurisdiction over their marriage. I am not a California attorney.

Massachusetts requires several events to occur prior to granting a divorce. A Complaint for Divorce initiates the process; it is a document that is filed with the Court, either by one party or jointly.

Parties must exchange financial information. Both spouses present a financial statement, which summarizes expenses, assets, income, and liability. They also provide three (3) years of taxes, investments, and bank statements. Often the information is the same for both spouses, but not always. Sometimes, more information is requested, especially if one spouse is self employed.

Once financial disclosures have been made, the bulk of negotiations begin. Parties can often come to an agreement about how to divide marital assets and liabilities, whether alimony is necessary, as well as the care and custody of minor children. If the parties cannot agree on one or all issues, court intervention is available. If the parties can agree on the issues, a Separation Agreement is created and signed by both spouses.

My limited understanding is that the Kardashian-Odom process is or was at this point in the process. For that reason, they are still married and marital privileges, such as decision making power, are still in effect.

Parties need to actually present their Separation Agreement to the Court prior to obtaining a divorce. A judge will review the document for fairness and may ask the parties some questions. If the judge determines the document to be fair and entered into without coercion or pressure, a Judgment of Divorce is ordered. Most people feel as though they are divorced at this point, but they are not until a Judgment of Divorce Nisi is entered.

Massachusetts has a Nisi period which lasts for 90 days. The intent of the statute is to allow the parties to cool off and reconsider reconciliation. In most cases, this period is unremarkable and the parties become divorced.

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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Safety in an Unsafe Relationship

Domestic abuse has been a topic amongst my family law clients long before Ray Rice renewed it as a nationals conversation. I often have consultations with potential clients who come to me for a “simple” divorce and proceed to tell me horrific stories of abuse. For some clients, it’s physical abuse, but for others, it is emotional, verbal, or financial abuse. The individuals are from all races, religions, social economic status, and genders.

My first inquiry in these situations is always related to imminent fear of bodily injury. If such afar exists, a Restraining Order (“209a”) may be appropriate. A 209a is a Court Order that states what parties may or may not do. Typical terms include, but are not limited to, an abuser not contacting a victim, or the friends and family of the victim, by phone, in person, by email, or text; abuser must remain a specific distance from the home and workplace of the victim, and the abuser may not possess any weapons.

Laws regarding 209a vary from state to state. In Massachusetts, the District and Probate & Family Courts allow for walk in requests and have jurisdiction to order a 209a where appropriate. Temporary Orders are usually given for a short period, often ten (10) days, but all Orders have the potential to be extended or made permanent.

What happens to my potential clients? Some never call again and I always hope that they have retained alternative counsel, not become a statistic. Some return months or years later, saying, “I can’t be a victim anymore” or “I have to do this for my child.” It takes courage to leave, because the scariest time for a victim is often the six (6) months following. They are often still terrified of their abusers. They are often isolated and broke. They often have a long history of police visits to their home. They are almost always afraid of what will happen next.

If you or someone that you know is in abusive relationship, please encourage them to seek legal assistance or to call RESPOND @ 617 623-5900 or click here

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