Whether with the assistance of the Department of Children and Families (DCF), through a private agency, or with adult children, adoption can be a time of great stress and nervous anticipation, but also elation and relief. Depending upon the type of adoption, whether it's foreign or domestic, and the circumstances under which the adoption is taking place, it is important to follow the guidelines and procedures to ensure that the process is smooth and the result is final. Bacon Wilson provides legal services regarding adoption matters.

Arbitration is a form of alternative dispute resolution and a legal technique for the resolution of disputes outside the courts resulting a binding, (or non binding if preferred,) decision of the arbiter.

Our arbitrators can help you by conducting hearings and making determinations as an impartial referee by providing an authoritative judgment. 

Yes, underage drinking and driving in Massachusetts is very serious. Massachusetts has a zero tolerance for underage drinking and driving, and they penalize offenders accordingly. In fact, if a minor registers a breath test score of .02 or greater, then the Massachusetts Registry of Motor Vehicles will take action including suspending the minor’s license. Another significant difference is that minors automatically lose their license for 3 years upon refusal of the breath test, whereas it is 180 days for an adult. Failure of the breath test for a minor may result in a mandatory 2-week inpatient alcohol treatment program upon a guilty finding.

Many people shudder to think of the impact of financing long-term care with the financial resources that they've spent a lifetime building. Long-term care, more commonly known as nursing home care, is very expensive, with an average cost of $8,000 or more per month. There are various means of financing long-term care; however, most Americans believe that the federal government or Medicare will pay for their long-term care costs. Unfortunately, this is not the case. Our legal team can help you plan for the future and protect your assets.

If you've been in an auto accident, you probably need help settling and paying your medical bills, dealing with insurers, and bringing litigation for your injuries. Our legal team can help.

Most small businesses are financially cyclical to some extent, with some days, weeks, months and years better than others. Although good financial planning can lessen the impact of economic downturn, many businesses do experience some level of financial hardship at one time or another. These times can be especially difficult if the business owner becomes uncertain of his ability to make a monthly payment to a secured lender.

There are ways to deal with cash-flow problems as they apply to secured lender obligations. It is important to put them into perspective by way of a timeline. Usually the inability to pay is not an unforeseen occurrence discovered on the day a payment is due, but rather is foreseeable at least 90 to 120 days in advance. This is generally the most crucial time period and is referred to as "pre-default".

The biggest mistake small business owners tend to make during the pre-default period is ignoring the imminent financial tidal wave because they unreasonably believe that a miracle correction will set things straight. However, if the issue is acknowledged quickly at the outset, there are more options available to correct the situation. In addition, pre-default solutions are generally easier to impose and less costly than after the "tidal wave" hits.

Our attorneys can help you to avoid complex, costly, formal, and public bankruptcy proceedings when financial hardship arises.

These trusts provide significant tax and non-tax benefits to you, your family, and charities. We can draft the most appropriate type of trust to suit your needs and also prepare tax calculators to determine your tax savings.

There is no common law marriage statute in Massachusetts, so unmarried couples who live together enjoy none of the rights and protections that their married counterparts do. Unless their partnership is defined through a legal contract such as a cohabitation agreement, the law is likely to classify them as strangers in the event that the relationship dissolves. A cohabitation agreement forces each party to carefully consider his/her intentions, obligations, and expectations during the relationship and upon its demise. Our legal team can advise you in this matter.

The goal of collaborative law is to achieve a settlement that best meets the specific needs of both parties without the underlying threat of contested litigation. This method of alternative dispute resolution is becoming especially popular in family law, where parties agree that they want to do what’s in the best interests of their children. Additional family issues that may be resolved through the collaborative process including disputes between parents and the preparation of pre and post-marital contracts.

If you have been arrested for DWI/OUI, there may be consequences that could affect your employment, driver’s license, child custody matters, and more. Bacon Wilson’s vast array of practice groups can provide additional analysis.

If you need assistance with bringing actions and defense relating to consumer claims, our lawyers can help you represent your interests.

There are three principal types of ownership (tenancies) relative to real estate. The most familiar is what is known as "joint tenants". This means that if one person dies, the survivor owns all of the interest in the property. In a "tenancy in common", each owner of the property has an undivided interest in the whole of the property. In this type of tenancy, upon the death of any owner, his share will pass as directed by his will, or by intestacy if he does not have a valid will. A third, special form of ownership allowed in several states is what is known as a "tenancy by the entirety". In this case, only a husband and wife may own the property, and the property passes to the survivor.

Each type of ownership has advantages and disadvantages specific to your situation. Our lawyers can help you determine which suits you best.

No, but you do have the right to refuse to perform the tests.

In addition to your employee handbook, it is important to have written policies in place that address issues such as sexual harassment restrictions, as well as email and Internet use. Bacon Wilson provides legal advice in these areas.

As every residential landlord knows, obtaining a judgment for eviction can be difficult and expensive. Under the old bankruptcy law, tenants could file and cause a lengthy delay of a hard-fought eviction.

Now, under the Bankruptcy Abuse Prevention and Consumer Protection Act, (BAPCPA) if a residential landlord has a judgment for possession by the time the tenant files for bankruptcy, the stay does not prevent the landlord from continuing to evict the tenant 30 days after the petition was filed. With few exceptions, in a majority of cases, it is likely that a debtor's financial distress will prevent any cure, thus permitting the landlord to move forward with eviction in a relatively short period of time. Bacon Wilson can help facilitate the process for you.

Scientific and medical advances have presented society with numerous bioethical issues. These advances have provided physicians with enhanced control over the time and nature of death. In Massachusetts, the legal document that addresses the challenges posed in making end-of-life decisions when you are unable to make the decision personally is called a health care proxy. It designates someone to serve as your agent in making health care decisions if you're incapable of making them for yourself and ensures that your wishes are respected. There are nuances specific to different life stages and sexes, and Bacon Wilson attorneys can help you to draft the document that addresses your unique situation.

In Massachusetts, homeowners and condominium owners may file a homestead declaration to protect $500,000 of equity in their property. It must be filed in the Registry of Deeds for the county in which the property is located. This document protects you from creditors or judgments against you in the event that you are sued. It does not, however, protect you against existing mortgages, long-term care claims for Medicaid payments by the Division of Medical Assistance, or existing claims or lawsuits. The Declaration of Homestead is a relatively straightforward document that is filed after being notarized. However, there are certain special situations that require attention, such as ownership of multiple residences. Our team of legal experts can help.

This is permanent and will never be removed from your record. And if you’re ever again arrested, this will be used against you.

For the first time offender, if you refused the breath you will lose your license for 180 days. If you failed the breath test, you will lose your license for 30 days.

In addition to fees, fines, criminal penalties and loss of your license, this conviction will also appear on any background check run on you, so it could affect job applications. It may also prevent you from entering Canada, as they have strict rules regulating entry. It will also cause permanent loss of your license to carry concealed weapons and loss of your firearms identification card for 5 years.

If you've been injured in an auto accident, a slip-and-fall situation, or at work, or if you're the victim of negligent medical treatment, you probably just want life to get back to normal. Our legal team can handle the coordination of medical expense payments and deal with insurers so you can concentrate on recovering.

Everyone has a will, whether or not they know it. You might say: "I never drafted a will, so I can't possibly have one." The reality is that if you fail to draft or properly execute a valid will, then the laws in your state will determine how your estate will be distributed. Thus, even though you may have failed to formally address your wishes about how to distribute your estate, state law will step in to distribute your estate (based on their guidelines and determination) upon your passing. A will is a legal document that states your wishes regarding the distribution and settlement of your estate (the property that you own and hold in your name) after you have passed away. As a legal document, a will is designed to guarantee that your wishes be carried out. In a well-drafted will, you determine and state:

• How your property will pass (either by gift or trust)
• When the distribution will be made, (i.e. when a child reaches the age of 21,)
• Who will serve as your executor/trustee

In basic terms, a will guarantees that your wishes will be carried out in the way you have requested once you die. If you die without a written will, then you are said to have died "intestate" and your estate will be distributed by the probate court according to state law. The problem that can occur with this process is that the laws in your state may not yield the same results that you wish to occur upon your passing. Our legal team can help you create a will that will state how you want your estate to be distributed following your death.

If your goal is to come to the resolution of an issue while maintaining control, rather than accepting something imposed by a third party, then mediation might be perfect for you. The process of mediation consists of certified mediators who assist disputing parties to reach an agreement. Various parties may participate in the mediation process, including states, organizations, communities, individuals, or other representatives with a vested interest in the outcome in a variety of disputes, such as commercial, legal, diplomatic, workplace, community, and divorce or other family matters.

Our certified mediators are also practicing attorneys who possess the experience and expertise necessary to effectively mediate matters for parties to a dispute.

Many people shudder to think of the impact of financing long term care with the financial resources that they spend a lifetime building. Long-term care, more commonly known as nursing home care, is very expensive, with an average cost of $8,000 per month or more. There are various means of financing long-term care; however, most Americans believe that the federal government or Medicare will pay for their long-term care costs. Unfortunately, this is not the case. Our legal team can help you plan for the future and protect your assets.

If you've been injured in an auto accident, a slip-and-fall situation, or at work, or if you're the victim of negligent medical treatment, you probably just want life to get back to normal. Our legal team can handle the coordination of medical expense payments and deal with insurers so you can concentrate on recovering.

If you or a family member are injured by a defective product and need assistance in your recovery against the manufacturer of the product, our legal team can guide you through the process.

There are three principal types of ownership (tenancies) relative to real estate. The most familiar is what is known as "joint tenants". This means that if one person dies, the survivor owns all of the interest in the property. In a "tenancy in common", each owner of the property has an undivided interest in the whole of the property. In this type of tenancy, upon the death of any owner, his share will pass as directed by his will, or by intestacy if he does not have a valid will. A third, special form of ownership allowed in several states is what is known as a "tenancy by the entirety". In this case, only a husband and wife may own the property, and the property passes to the survivor.

Each type of ownership has advantages and disadvantages specific to your situation. Our lawyers can help you determine which suits you best.

You may have maintained a home, summer cottage, ski chalet, or similar property for family use. A qualified personal residence trust (QPRT) may accomplish your objective of maintaining this property after your death so that your children will be able to use it for future generations. The property will mostly have appreciated since you purchased it, and the QRPT may be utilized to reduce taxes upon passing the property to your children, so that they won't be forced to sell it.

Whether entering into marriage for the first time or a subsequent marriage, a spouse should always revisit their existing estate plan or create a new one. Acknowledging a spouse by including them in your estate plan, or ratifying and confirming an antenuptial agreement, is critical to preserving your rights and maintaining control over designation of assets to your heirs. Bacon Wilson can assist you in estate planning matters.

With the divorce rate reaching 50%, remarriages require estate planning. The first spouse to die may wish to ensure that assets are available to or for the benefit of his or her children from a previous marriage. Perhaps a trust will need to be established for these children.

Alternatively, you may establish a trust for the benefit of your spouse, so that he or she will receive income and/or principal at the discretion of an independent trustee, with the remainder of the funds being distributed to children of your first marriage. In this way, your surviving spouse is protected during his or her lifetime, but the trust will ensure that the principal passes to the children of your first marriage, as opposed to leaving all assets to your surviving spouse, who could leave all assets to his or her own children upon his or her death. There may also be a need to establish a trust fund for your grandchildren's education or medical purposes.

With various states adopting rules relative to civil unions, same-sex marriages, and other legal relationships, several significant issues relative to taxes arise. One primary issue may be the recognition of the relationship for income tax purposes that would allow a couple to file a joint state income tax return versus the federal distinction.

The Internal Revenue Service does not permit same-sex couples to file jointly even in cases where there is a legal marriage, such as in Massachusetts. The 1996 Federal Defense of Marriage Act limits the impact of civil unions under federal law. However estate, tax, and long-term care planning (Medicaid,) are significant issues when determining whether the individual filing a return or requesting an application for governmental assistance will be considered married or single.

In addition, with the advent of adoptions by same-sex couples and the subsequent dissolution of some relationships, life will certainly become more complicated and more planning will be necessary. All significant documents must be reviewed to ensure that all plans are in order and are coordinated with all necessary documents. These include wills, health care proxies, powers of attorney, prenuptial agreements, and any other legal documents, such as beneficiary designations. It may also be important to review the older generations' estate planning documents to ensure that both biological children and adopted children are included within their documents.

All couples should contemplate how to protect the assets they possess from becoming marital property at the time of marriage to their partner. Couples must remain aware that upon marriage all assets of an individual become assets of the couple and that, absent the existence of a written mutual agreement to the contrary, the distribution of marital property will be decided by the Commonwealth of Massachusetts' general laws in the instance of either divorce or death. Our legal team can advise same-sex couples in addressing the many issues that must be considered.

It depends on the facts of your case and what is in your best interests. For the typical first offender, if you work out a deal, you could regain your license quickly, but you’ll be subject to various probationary terms and conditions and enhanced penalties for future offenses.

If you take the breath test and fail, then the Massachusetts Registry of Motor Vehicles will automatically suspend your driver’s license for 30 days if this is your first time and you are over 21 years of age. If it is not your first time, and you have been convicted before or you are under 21, the license suspension grows exponentially if you refuse to take the breath test. If you took the test and failed, evidence of the test and the test score will be admitted at trial against you. If you refuse to take the breath test and you are over 21, and it is your first time, then the Massachusetts Registry of Motor Vehicles will suspend your license for 180 days. However, evidence of your refusal will be excluded from trial. The decision to take the breath test is made difficult by these consequences. Ideally, someone would take the test, only if they knew they were going to pass it. 

If you suffer from injuries caused by a fall on a property such as a store, parking lot, or another area not properly maintained in safe condition, the Bacon Wilson attorneys can help.

There are three principal types of ownership (tenancies) relative to real estate. The most familiar is what is known as "joint tenants". This means that if one person dies, the survivor owns all of the interest in the property. In a "tenancy in common", each owner of the property has an undivided interest in the whole of the property. In this type of tenancy, upon the death of any owner, his share will pass as directed by his will, or by intestacy if he does not have a valid will. A third, special form of ownership allowed in several states is what is known as a "tenancy by the entirety". In this case, only a husband and wife may own the property, and the property passes to the survivor. Tenancy should not be taken for granted. A careful review of all deeds for a condominium, house, timeshare, or other real estate entity will ensure that the objectives of the ownership are accomplished. Each type of ownership has advantages and disadvantages specific to your situation. Our lawyers can help you determine which suits you best.

Revocable trusts, also known as an "inter-vivos trusts" or "living trusts", are among the most useful estate planning tools for the management and distribution of family assets. Trusts serve a wide range of functions and may be appropriate for a variety of family financial circumstances and goals.

A common misconception is that trusts are only for the very wealthy. In reality, trusts can be used in variety of different circumstances and are a powerful way to manage assets.

Forming a trust consists of several steps:

• The trust is created by the "grantor".
• The trust is funded, meaning that the grantor's assets are placed into the trust. Assets can include stocks, bonds, mutual funds, real estate, bank accounts, etc.
• The trustee(s) accept the responsibilities as expressed in the trust document. The trustee can be the grantor during his or her lifetime.
• The trust itself contains dispositive provisions to instruct the trustee in managing the investments and distributing income or principal to the beneficiaries. This is the roadmap detailing how your property is distributed.
• Beneficiaries are chosen to benefit from the trust. This typically includes the grantor during his or her lifetime, as well as family, friends, or charities upon the grantor's death.

There are a number of helpful functions that trusts can perform:

• A trust can help with business succession when it is desired that certain parties run the business and others benefit from its gain.
• A trust can ensure the continued management of a business or personal finances.
• A trust can direct the trustee to provide full management in the event of incapacity.
• Assets held in a trust avoid probate and its attendant delays and costs.
• Dearly loved pets can be cared for upon the death or incapacity of the owner.
• The trust can be part of overall estate planning and can allow for control of assets even after death.

A trust has a number of beneficial attributes. The trust, and therefore its assets, can be professionally managed if you name a bank or trust company as its trustee. Certain tax benefits can be gained, especially for married couples. Financial privacy is maximized when your estate avoids the public process of probate.

Other types of trusts include:

• A special needs trust to maintain benefits for a disabled individual
• An irrevocable trust to allow life insurance benefits to pass tax-free to younger generations
• An alternative irrevocable trust to protect assets from long-term care expenses

Bacon Wilson's experienced attorneys can help you navigate your trust options and select the type most appropriate for your needs.

A hardship license is a temporary form of a driver’s license with certain restrictions awarded by the Massachusetts Registry of Motor Vehicles in cases involving hardship.

It is best to tell the officer that your attorney advised you to not perform field sobriety tests. These tests will be used against you at trial, but your refusal to take them is not admissible by the prosecution. So taking field sobriety tests can hurt you, but probably not help you.

Most people who are arrested for DWI/OUI have never been in trouble before. The whole criminal process can be intimidating and confusing. If you have been arrested for DWI/OUI, then you are facing consequences that can affect your job, driver’s license, and other personal matters. It is important to contact us immediately so that we may begin to analyze your case. If you have already been arraigned, then you would have received a copy of the police report that describes the facts surrounding the charge. You may be worried that you "flunked" the field sobriety test, because you did a couple things wrong. The right lawyer can make much more of the things that you did correctly, and thus, minimize those couple of mistakes. It is crucial to have an experienced attorney review the report to determine your options. 

With a first offense suspension of your MA license, you can get your license back after the suspension ends, sometime between 75 and 225 days, depending upon your circumstances. However, there may be other factors that may affect when the Massachusetts Registry may return your license. 

There are several possible reasons that the police officer pulled you over for suspicion of drunk driving:

• Making wide turns
• Straddling the center lane or driving too close to it
• Almost hitting something with your vehicle 
• Weaving, drifting, swerving
• Driving slower than 10 mph below the speed limit 
• Erratic braking 
• Driving into oncoming traffic 
• Erratic turn signals