I need to know if this is legal. I went into buy a new car on Saturday 05/19/2012. They did not have the car I....
The first thought that comes to mind is the statute of frauds. U....
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5/23/2012 21:59
by stlmunns |
Notification given by me, with a disinterested witness, that tenant has to return property on or before a spec....
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5/23/2012 19:45
by anothermalandlord |
I work for a nonprofit. They have just announced that each of us must now 'volunteer' at one of our programs o....
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5/23/2012 12:26
by MassWorker |
Hello. My brother was injured in a fall at a store in Massachusetts and the thing ended up in a local small n....
The issue is controlled,or is supposed to be controlled, by the Massac....
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5/22/2012 07:24
by JeromeW |
I am sole guardian for my special needs child. They have visitation with their father. He is not communicating....
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5/21/2012 07:48
by melelllan |
We have been awarded a $200,000 judgement in a probate matter that has gone on for years. The execeutor of my ....
I understand your desire to get a second opinion on this matter. ....
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5/20/2012 16:20
by massconfusion27 |
I received a Summons in the Mail to appear in Court in June for a B & E misdemeanor. I went to the Police Depa....
The answers to your questions are as follows: (1) The police departmen....
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5/19/2012 22:26
by completelyconfused |
The Massachusetts Public Health Council just approved new regulations (105 CMR 309) intended to give healthcar....
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5/18/2012 10:42
by The Editor |
My brother is the power of attorney for my elderly mother. She is demented and often confused about her finan....
Yes, nothing to worry about. The terms Power of Attorney and Att....
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5/14/2012 06:51
by AABates |
Hello. In Massachusetts let’s say I’m paying say $8,000 a year in Child Support to 23. Under the agreemen....
If your Agreement says you should pay child support until the child is....
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5/4/2012 22:18
by divorced_with_children |
Several of my colleagues will dictate consultation notes in which they state they don't have the complete hist....
The question probably boils down to whether or not such practice is wi....
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10/2/2011 18:37
by Anonymous |
Editor's Response
Given how fact specific any undue influence case will be, the best I can do is give you a list of factors discussed by the Massachusetts Supreme Judicial Court in the case of Heinrich v. Silvernail, 23 Mass. 218, 223 (1986):
"(1) [an] unnatural disposition has been made (2) by a person susceptible to undue influence to the advantage of someone (3) ... [who had] an opportunity to exercise undue influence and (4) who in fact has used that opportunity to procure the contested disposition through [the] improper means [of undue influence]."
Follow this link to a thread with a more in-depth analysis of undue influence in MA.