Braintree Legal Blog

When a loved one passes away, wanting to get through the estate administration process as quickly as possible is usually desired. In the state of Massachusetts, it generally takes several months to do so. If one has questions or concerns about the will, though, it is okay to speak up and slow things down. There are reasons why one might want to contest a will, and those will be the focus of this week's column.

In order to contest a will, one cannot just have the desire to do it; one must have the necessary legal grounds. There are only so many legal grounds to contest a will. Currently, they are:

• The testator did not understand what he or she was signing
• The testator failed to sign the will
• There were no witnesses to the signing
• The testator was a victim of undue influence
• The testator did not realize he or she was signing a will

When struggling financially, it is normal to spend time looking at available debt relief options. What many Massachusetts residents may find, though, is not all debt relief options are created equal. Some may seem like a good idea but really are not, and others may seem extreme but are actually worthwhile. Take Chapter 7 bankruptcy, for example. It may seem like a drastic approach toward gaining financial freedom, but it may be the best approach when looking at the bigger picture.

Chapter 7 bankruptcy is sometimes referred to as liquidation bankruptcy. If one's petition receives approval, some assets may need to be sold to pay down creditors, though many may be kept. Every case is different. After that, all qualifying debts may be discharged -- meaning one will no longer be responsible for paying back those specific creditors. 

Every business owner in Massachusetts and elsewhere wants their company to be successful. Every business owner wants their product or service to be the one that consumers just have to have or use. Advertising helps draw interest and attention to companies, but it is necessary to be careful about what is being put out there. False advertising claims are no joke and can cost companies a lot to resolve.

What does the Federal Trade Commission have to say about advertising? No matter how one advertises, whether it is on the radio, television, internet, social media, newspaper or with mailers, the advertisements must be truthful. What does that mean? It means they cannot be misleading. In some cases, it means there has to be scientific evidence to back up one's claims.

Going into business is a risky move. Going into business with a partner can be even more so. Sure, having someone to share responsibilities with can have its advantages, but it can certainly have some disadvantages as well. When owning and operating a company with a partner, disputes are bound to happen. Do business owners in Massachusetts have to turn to litigation for resolution when problems arise?

Most business partnerships do start out on good terms. In smaller companies, many partners choose to have verbal understandings of what each person's role will be rather than having formal contracts created. Having a partnership agreement written up is not something that should be avoided, though. In this type of contract, roles can be defined, compensation can be outlined and dispute resolution methods can be identified -- among other things. Without a partnership agreement, when disputes arise, going to court may be unavoidable.