What is the rule 4.2 in Massachusetts?

How do you beat a motion to dismiss?

What is a Rule 42 motion to dismiss?

Rule 42. Voluntary Dismissal. (a) Dismissal in the District Court. Before an appeal has been docketed by the circuit clerk, the district court may dismiss the appeal on the filing of a stipulation signed by all parties or on the appellant's motion with notice to all parties.

How long can you keep an estate open after death in Massachusetts?

The general rule is that an estate has to be probated within 3 years of when the decedent died.

Who owns the property in a life estate in Massachusetts?

Remember, the life tenants only own the home for the rest of their lives so at the moment of their deaths, ownership will automatically pass to the remaindermen named in the deed. There's no need to file anything in the Probate Court for the ownership to change hands.

What assets are exempt from probate in Massachusetts?

Assets with designated beneficiaries

Retirement plans and life insurance policies often have a named beneficiary. These assets will bypass the probate process and will directly go to the individual specified as the beneficiary.

What is the common enemy rule in Massachusetts?

For over 100 years, Massachusetts Courts followed the colorfully-named “Common Enemy Rule”, which protected property owners who attempted to remove or divert surface water from their land.

What is a Rule 12 hearing in Massachusetts?

Rule 12 - Defenses and Objections-When and How Presented-By Pleading or Motion-Motion for Judgment on Pleadings (a) When Presented. (1) After service upon him of any pleading requiring a responsive pleading, a party shall serve such responsive pleading within 20 days unless otherwise directed by order of the court.

What is the Massachusetts Castle law?

The Castle Doctrine, as found in Section 8A of Massachusetts General Laws, reads that the occupant of a dwelling who is charged with killing a trespasser in the dwelling does not have a duty to retreat from the trespasser before using force against them.

Can my neighbor record me on my property in Massachusetts?

Boston follows Massachusetts laws on home security cameras, allowing video recordings that maintain your right to privacy. If your neighbor has security cameras pointed at your house, they must avoid recording your home's interior.

Can I sue someone for recording me without my permission in Massachusetts?

Massachusetts Wiretapping Law

Massachusetts's wiretapping law often referred to is a "two-party consent" law. More accurately, Massachusetts makes it a crime to secretly record a conversation, whether the conversation is in-person or taking place by telephone or another medium.

Can someone record you in your car?

California. California requires the consent of all parties, with a minimum consent being the notification that the parties are being recorded in a confidential conversation with an audible beep at particular intervals throughout the recording. Without permission, an individual can face imprisonment and fines.

Does a will override a life estate?

Usually, a life estate overrides a will. That is, if a life estate says one person will get full ownership of a property after the owner's death, and the will dictates something else, the life estate generally prevails.

Does Massachusetts have a lady bird deed?

It turned out that in our new client's deed, she retained the “full power to sell, mortgage, convey, transfer, encumber, and grant in whole or in part without the consent or signature of the remaindermen.” This language is commonly used in states like Florida, though not in Massachusetts, and is known as a “lady bird” ...

What does le mean on property records?

A life estate deed is often used to provide housing for someone until they die. Mom might own a home in her own name and create a life estate deed that gives her much younger husband (Stepdad) a life estate in the property so Mom can be assured he will always have a place to live.

What makes a will invalid in Massachusetts?

Undue influence will invalidate a will.

Can an administrator of an estate take everything?

While you have the authority to manage the assets of the estate, you do not have the legal right to take everything for yourself. Your primary duty is to act in the best interests of the beneficiaries and to distribute the assets according to the terms of the will or state laws of intestacy.

Does IRS require an estate tax return?

An estate tax return (Form 706) must be filed if the gross estate of the decedent (who is a U.S. citizen or resident), increased by the decedent's adjusted taxable gifts and specific gift tax exemption, is valued at more than the filing threshold for the year of the decedent's death, as shown in the table below.

What is the rule 35?

Federal Rule of Criminal Procedure 35(b) permits a court, upon the government's motion, to impose a new, reduced sentence that takes into account post-sentencing substantial assistance, and that new sentence may go below the recommended guideline range and any statutory mandatory minimum penalty.

What is a Rule 58 motion?

The Central District of California has addressed this potential confusion in Local Rule 58-6, which states that “[n]otation in the civil docket of entry of a memorandum of decision, an opinion of the Court, or a minute order of the Clerk shall not constitute entry of judgment pursuant to [Fed. R. Civ.

What is a Rule 17 motion?

Rule 17 of the Federal Rules of Criminal Procedure deals with subpoenas. Subdivision (f)(2) as proposed by the Supreme Court provides: The witness whose deposition is to be taken may be required by subpoena to attend at any place designated by the trial court.