Family Owned Real Estate: Legal Challenges & Opportunities
Once Removed Episode 21: Passing Down the “Family Cottage” or Other Legacy Property
Law School Toolbox Podcast Episode 392: Listen and Learn -- Recording Statutes (Real Property)
Every divorce matter in Massachusetts subjects both parties to Probate and Family Court Supplemental Rule 411, entitled “Automatic Restraining Order.” Rule 411 provides that neither party “shall sell, transfer, encumber,...more
Early in this writer’s career lawyers used to have to be careful about possible capital gains tax on the sale of a personal residence. Before 1997 the exclusion was $125,000 per spouse and $250,000 if the taxpayers filed...more
There are some fascinating topics related to divorce swimming out there in the electronic world. And one we just saw is a new phenomenon where couples are deciding it’s over in every sense except the official one called...more
A postnuptial agreement can provide similar benefits to a prenuptial agreement. When possible, we always recommend couples enter into a premarital agreement before the wedding rather than waiting to enter into a postnuptial...more
Parallel business divorce proceedings in the same or different courts alleging overlapping or duplicative claims are common. When it occurs, judges must often determine whether to dispose of one so the other may proceed...more
In just about every divorce I have handled there has been a house to address, in lawyer-language, “disposition of the marital residence."...more
First, foremost, the case decided on October 12, 2022 is non-precedential, leaving the bench and bar to debate whether it matters.* But, the decision in Nally v. Nally, 163 EDA 2022 is going to make the real estate community...more
Court is inevitable in divorce proceedings. Even if you and your soon-to-be ex-spouse are in full agreement on all issues, you’ll need a judge of the Probate and Family Court to approve your separation agreement and...more
Summertime is a special time of year in Wisconsin. It brings many families to cabins where they create memories and traditions that will be cherished forever. However, many problems arise if families do not create a plan...more
A frequently asked question in family law has to do with how much of an interest, if any, each spouse has in the couple’s assets and liabilities. The way it’s usually asked is something along the lines of: “I have this...more
Divorce is rarely easy for anyone. But if you’re serious about terminating your marriage or partnership, there are some steps you can take to legally, financially and emotionally prepare. Taking these steps first can make the...more
In our increasingly mobile society, it is not uncommon for couples to relocate numerous times throughout their marriage and acquire property and assets in different states. When a divorce dissolves the marriage and forces a...more
Supreme Court Advance Release Opinions: SC19494 - State v. Berrios - Appellate Court Advance Release Opinions: AC37045 - Hickey v. Commissioner of Correction - AC33954 - Burr Road Operating Co. II, LLC v....more
In This Issue: - Unintended consequences: After divorce, review your estate plan to avoid surprises - Protecting your real estate assets - How will the GST tax affect your estate plan? - Estate...more
In This Issue: -AC31211 - Aguinaldo v. Warner -AC33771 - Thompson Gardens West Condominium Assn., Inc. v. Masto -AC33850 - Unifund CCR Partners v. Schaeppi -AC33400 - Samnard Associates, LLC...more