17 09, 2024

Governor Maura Healey Signs Legislation to Address Housing Costs, Massachusetts’ Greatest Challenge

September 17th, 2024|

The Affordable Homes Act, recently passed in Massachusetts, is the most ambitious law aimed at addressing the state's severe housing affordability crisis. The Act involves a massive $5.16 billion investment, marking the largest housing bond bill in the state's history. The funding authorizes spending over the next five years along with 49 policy initiatives to counter rising housing costs caused by high demand and limited supply by increasing the production of affordable housing, preserving existing

15 07, 2024

MassHealth Denial of Benefits Upheld: Spouse of Nursing Home Resident Not Deemed Uncooperative

July 15th, 2024|

The recent MassHealth case involves a dispute over the eligibility of a married individual, Costa Tingos, for Medicaid long-term care benefits. Costa was in a nursing home from May 2015 until his passing in May 2020. Costa and his wife, Mary, had been married for over 50 years, but had kept their finances largely separate due to Costa's history of gambling. Mary paid the mortgage on the family home, which was in her name, kept

17 06, 2024

Brokers—It’s time to rewrite your Buyers Agreement! 

June 17th, 2024|Tags: , , , |

Changes are coming soon due to the National Association of Realtors (NAR) proposed settlement. As of August 17, once an agent is “working with” a buyer, they must sign a new agreement before touring a home, including in-person and live virtual tours.  The written agreements must: Include any provisions required by law; State that they are fully negotiable; Disclose the amount or rate of any compensation the broker will receive from any source; Show that

28 05, 2024

You’ve Got Mail: Can Notice Sent by Email Satisfy Requirements to Exercise Options Under a Commercial Lease?

May 28th, 2024|Tags: , , , |

In our increasingly digital world, electronic communications like text messages, Slack channels, and e-mails are all integral to business operations. Can these quicker communication methods fulfill the same goals? More importantly, can they meet the requirements for exercising an option when the contract requires written notice by a more formal method? The Massachusetts Appeals Court recently addressed this issue in Sourcing Unlimited, Inc. v. Cummings Properties, LLC, 102 Mass. App. Ct. 653 (2023). The court considered

20 05, 2024

Massachusetts Supreme Judicial Court Narrows the Interpretation of the Anti-Lapse Statute

May 20th, 2024|Tags: , |

The Supreme Judicial Court (SJC) has refined the application of the anti-lapse statute, a crucial aspect of estate law aimed at preserving gifts to beneficiaries' heirs when they predecease the decedent. A recent case involving the will of Heather Hossack, prepared by a Connecticut attorney not licensed in Massachusetts, sheds light on the importance of clarity in estate planning. Heather Hossack's 2016 will stipulated a trust for her mother, Ethel Wyman, provided Wyman outlived her.

13 05, 2024

Nantucket Land Court Issues a Judgment That Could Impact Short-Term Rentals

May 13th, 2024|

The Nantucket Land Court recently issued a significant ruling that may have far-reaching implications for short-term rentals. The issue arose when Cathy Ward, a property owner in a residential area of Nantucket, raised concerns about her neighbors, the Grapes, using their house for short-term rentals. Ward argued that these rentals violated town bylaws, which restrict the use of properties to specific purposes outlined in the zoning regulations. Ward testified that since the Grapes began renting

15 04, 2024

NAR Settlement: How This Will Change How Buyers and Sellers Pay Real Estate Agents

April 15th, 2024|Tags: , |

A $418 million settlement calls for the Chicago-based National Association of Realtors (NAR) to eliminate decades-old rules on commissions and make it easier for buyers to negotiate fees with their own agents or use no agents at all, Reuters reports. The accord resolves claims against more than 1 million members, state and local realtor associations, and most smaller brokerages. What's In The Settlement? The March 15 settlement comes after several years of litigation, including class-action

12 02, 2024

Why a Disinheritance Clause May be Necessary in a Will

February 12th, 2024|

The Appeals Court recently issued a decision in a groundbreaking case where the disinherited son's classification as an "interested person" under the Massachusetts Uniform Probate Code did not grant him the standing to contest his stepmother's appointment as the personal representative of his late father's estate. Ronald Birkenfeld's will directed all tangible property to his wife, Pamela, while the residue of his estate poured into a revocable trust. Notably, the will explicitly excluded Birkenfeld's three

5 02, 2024

Owners of U.S. Companies Need to Learn How to Avoid a $500 Per Day Fine

February 5th, 2024|

Did you know that: (1) the Corporate Transparency Act, a federal law that became effective January 1, 2024, requires almost all U.S. companies to file a report with the Financial Crimes Enforcement Network of the U.S. Treasury (“FinCEN”) that discloses information to FinCEN about the company and its owners, (2) reports that are filed late are subject to a $500 a day fine, and (3) willful failure to file or willfully filing false information can

4 01, 2024

Unpaid Contractor? Understanding the Mechanic’s Lien

January 4th, 2024|

Many individuals entering into agreements for the provision of services or goods may be familiar with the concept of mechanic's liens. While the term is commonly heard, only a few understand how to effectively use this legal tool to secure payment when it is withheld for services and goods rendered. A common misconception is whether one needs to be a mechanic or involved in automotive work to employ a mechanic's lien. The answer is no.