Massachusetts Legal Guides
30 guides covering Massachusetts topics, each with Caselaw search beside the article.
Where to search Massachusetts lawFree caselaw search for Massachusetts — search by citation, case name, or legal issue, with full text and PDFs.
- A Dog Named Licorice
Some people like their dogs more than people. Such was the case with Theresa Jablonski, who left her entire estate to a testamentary trust for the benefit of her dog Licorice, created under the terms of her will. In In re Estate of Jablonsk…
- Adverse Possession in Massachusetts
Massachusetts adverse possession: 20 years under Mass. Gen. Laws ch. 260, § 21. Elements, taxes, color of title, and linked Massachusetts opinions.
- Both Personal Representatives Required to Sue on Behalf of Estate in Massachusetts
A 2020 case from Massachusetts explains the importance of standing sue, especially when personal representatives of estates are involved. The Massachusetts case, Fisher v. Fisher, 2020 Mass. LCR LEXIS 24 (Land Ct. Feb. 14, 2020), requires t…
- Can I Get Sued After a Car Accident in Massachusetts? Does Fault Matter?
Massachusetts car accident lawsuits and fault: modified comparative fault with a 51% bar (recovery barred if you are more than 50% at fault) under Mass. G.L. c. 231, § 85, when you can sue or be sued, insurance rules, and the statute of limitations (3 years — Mass. G.L. c. 260, § 4).
- Castle Doctrine in Massachusetts: Deadly Force Against Intruders
Massachusetts castle doctrine: when occupants may use deadly force against home intruders, key statutes (Mass. Gen. Laws ch. 278, § 8A), presumptions, and leading cases.
- Child Custody and Parenting Time in Massachusetts
How Massachusetts courts decide custody and parenting time under Mass. Gen. Laws ch. 208, § 31; ch. 209C, including best-interests factors, relocation, and modification.
- DUI Penalties in Massachusetts
Massachusetts DUI penalties under Mass. Gen. Laws ch. 90, § 24: BAC limits, first-offense range, when a DUI becomes a felony, and ignition-interlock rules.
- How Does Bond Work in Massachusetts? Bail and Pretrial Release Explained
Massachusetts bail and bond explained: cash, surety, and ROR. Types of release, what judges consider at a bail hearing, forfeiture risks, and linked Massachusetts opinions under Mass. G.L. c. 276, §§ 57–58.
- How Does Eviction Work in Massachusetts?
Massachusetts eviction / summary process under Mass. Gen. Laws ch. 239, §§ 1 to 13: notices, filing forum, timeline to a writ of possession, and common tenant defenses.
- How Do You Make a Valid Will In Massachusetts?
To make a valid will under Massachusetts law, the will must be: In writing; Signed by the testator or by someone else in the testator’s name in the testator’s presence and at the testator’s direction; Witnessed and signed by at least two wi…
- How to File a Lawsuit Without a Lawyer in Massachusetts: Pro Se Litigation Guide
A practical Massachusetts guide to representing yourself: what statutes, cases, and rules are; how to draft and file a complaint; how service and eFileMA / Odyssey File & Serve registration work; discovery; evidence; and how LawDiver helps you research authorities in the corpus.
- How to File for Divorce in Massachusetts
Massachusetts divorce filing guide: At least one party must have resided in Massachusetts for 1 year before filing (with limited exceptions when the cause of action occurred in-state). equitable distribution; linked statutes and process overview.
- How to Get a Prison Sentence Reduced in Massachusetts
Paths to shorten or correct a Massachusetts prison sentence under Mass. R. Crim. P. 30: modification motions, good-time credits, parole, and post-conviction relief — with linked Massachusetts opinions.
- How to Modify Alimony in Massachusetts
Step-by-step guide to modifying alimony in Massachusetts under G.L. c. 208 §§ 49, 53 (Alimony Reform Act): changed-circumstances standards, retirement and cohabitation rules, when changes take effect, and the cases that matter.
- How to Modify Child Support in Massachusetts
Step-by-step guide to modifying a Massachusetts child support order under G.L. c. 208 § 28; G.L. c. 119A § 3A; Massachusetts Child Support Guidelines: what counts as a change in circumstances, when changes take effect, and the cases that matter.
- Is Abortion Legal in Massachusetts?
Massachusetts abortion law after Dobbs: protected access. Legal until 24 weeks after conception, with life/health exceptions thereafter. Linked statutes and Massachusetts opinions.
- Is an Irrevocable Spendthrift Trust Subject to Division in Divorce?
Good estate planning can oftentimes revolve around asset protection - will the assets left for the benefit of children be subject to the creditors of the children, or be subject to seizure by an ex-spouse. A recent case from the Massachuset…
- Massachusetts Alimony: Eligibility, Amount, and Duration
How Massachusetts courts award alimony under Mass. Gen. Laws c. 208, §§ 48–55 (Alimony Reform Act): eligibility, guideline/formula rules, duration, and leading cases.
- Massachusetts Child Support Guidelines: How Support Is Calculated
How Massachusetts calculates child support under Mass. Child Support Guidelines; Mass. Gen. Laws c. 208, § 28, including the income shares, deviations, modification, and leading cases.
- Massachusetts Criminal Records and Expungement and sealing
Massachusetts expungement and sealing begins with Mass. Gen. Laws ch. 276, § 100G, petition for expungement of record of conviction. This guide follows that petition, the records that travel under a different section, and the opinions that have already decided these requests.
- Massachusetts Evidence Law: Admissibility, Hearsay, and Authenticity
A practitioner guide to Massachusetts evidence law under the Massachusetts Guide to Evidence / Massachusetts Rules of Evidence: general admissibility, character evidence, hearsay and its workhorse exceptions, unavailable declarants, depositions at trial, party admissions, dying declarations, medical statements, and a dedicated authenticity section — with case and statute links in the LawDiver corp
- Massachusetts Supreme Court: Claims For Intentional Interference With an Expectancy and Unjust Enrichment Not a Trust Contest Subject To One-Year Statute Of Limitation
In Sacks v. Dissinger , a December 29, 2021 opinion from the Massachusetts Supreme Judicial Court, the Court reversed the lower court’s granting of Defendants’ motion to dismiss Plaintiffs’ claims for undue influence in a trust and estate c…
- Massachusetts Supreme Judicial Court: Personal Representative’s Power To Pay Claims Extinguished After Three Years
In In re Estate of Kendall , the Massachusetts Supreme Judicial Court decided whether the personal representative of the Estate of Jacqueline Kendall was required to pay a creditor claim for reimbursement from the Commonwealth’s MassHealth …
- Security Deposit Return in Massachusetts
How Massachusetts landlords must handle residential security deposits under Mass. Gen. Laws ch. 186, § 15B: limits, return deadlines, and wrongful-withholding remedies.
- Stand Your Ground Laws in Massachusetts
Massachusetts stand-your-ground overview (duty-to-retreat (outside the home)): duty to retreat, statutes, civil immunity, and controlling cases.
- Surviving Spouse Rights Massachusetts
Surviving spouse rights in Massachusetts include: Intestate Share Elective Share Exempt Property Family Allowance In order to preserve all rights and benefits granted under the law, a surviving spouse must adhere to time-sensitive de…
- What Does the Term Issue Mean in Probate
The imprecise use of language is a common problem in probate litigation. The recent case of In re Estate of Payson, 93 Mass. App. Ct. 1124, 110 N.E.3d 1221 (2018), demonstrates a problem with the term "issue" and what it actually means in p…
- What Happens If I Refuse a Breathalyzer Test in Massachusetts?
Massachusetts implied-consent consequences for refusing a chemical breath or blood test under Mass. Gen. Laws ch. 90, § 24(1)(f), including license suspension and evidence use.
- Who Are Next of Kin In Massachusetts?
The term next of kin in Massachusetts generally means the blood relations to the decedent, and does not include spouses. However, when used in the inheritance context, next of kin is generally used interchangeably with heirs at law and incl…
- Who Can Be Personal Representative In Massachusetts?
The basic requirements for serving as a personal representative in Massachusetts are that the personal representative must be: At least 18 years old, and Of sound mind (not adjudicated incapacitated). MA Gen L ch 190B § 3-203 . In a formal …