FAQ’S

Probate Litigation

How should I handle a conflict in my family about an estate plan?

Whether a relative has questioned your authority as personal representative (will), attorney in fact (power of attorney) or medical proxy, or you have concerns about the validity about a family member’s estate planning documents, Cynthia can assist you in evaluating the nature and find an appropriate resolution to the dispute.


Divorce Law

Can men receive alimony?

Massachusetts has an Equal Rights Amendment so the law is gender neutral in the sense that requires the courts treat people equally without bias based on gender. This means that men, as well as w omen, can be eligible to receive alimony. Typically, alimony is paid by the primary provider for the family. This means that if the wife was the major income earner during the marriage, she could pay the husband alimony. However, many factors are considered when considering an alimony claim and it should be noted that alimony is not awarded automatically.


What is an uncontested divorce?

Most divorce cases begin as “contested,” meaning that there are some issues that the two spouses have not yet agreed upon. Some couples begin the divorce process have agreed to certain arrangements, such as custody, but having not yet reached an accord on others, such as asset division. Once a complete agreement has been reached, the case is considered “uncontested,” and an uncontested divorce hearing can be scheduled.


Child Support

I was divorced 10 years ago—how can I find out if I am entitled to more child support?

Circumstances change over time; often, one or both parties to a divorce experience significant changes in their income in the years following their divorce. These circumstances may lead to a reexamination of the support arrangements, which can be done as part of a “modification” process. It is best to review all of the circumstances with an attorney prior to beginning that process, in order that you may anticipate the possibility of issues being raised by your former spouse as part of the process.


Custody

I have been caring for my grandchild for 2 years, and I am concerned about how to register her for school—what should I do?

An individual or couple caring for someone else’s child may be able to obtain a guardianship, which would provide them with the legal authority to make decisions for the child, such as registering the child for school and obtaining medical care. Cynthia can discuss your circumstances and can advise you about how to undertake this process.