PETS AND ESTATE PLANNING

If you have pets, there is good reason to be concerned about what happens to them after you pass away. For some of us, our pets are like family. Many times after an owner dies, the personal representative and/or heirs will surrender the pets to a local animal shelter. Sadly, many of our pets are not able to find new ‘forever’ homes.

So what can you do to ensure your pets are cared for?

Select Care Takers

Start by determining who will care for your pet if something happens to you. This could be a spouse, a child, another relative or a friend. Discuss your wishes with your chosen caretaker. Make certain they agree to assume responsibility for your pet. If no one in your life fits the bill, consider a local or national charitable or humane organization.

Determine the Yearly Cost to maintain and care for your Pet(s)

Include language in your Last Will and Testament

Again, you cannot use your will to leave money or property to your pet. If you try, that money or property will be included in your residuary estate,

In addition to providing the name and address of a trustee and successor trustee, a caregiver and successor caregiver (all of whom can be corporations and/or individuals) you will be asked to provide enough information to:

• Adequately identify your pets in order to prevent fraud, such as through photos, microchips, DNA samples, or alternatively, by describing your pet as a “class”—in other words, as “the pet(s) owned by you at the time of your illness/death;

• Describe in detail your pet’s standard of living and care;

• Require regular inspections of your pet(s) by the trustee;

• Determine the amount of funds needed to adequately cover the expenses for your pet’s care (generally, this amount cannot exceed what may reasonably be required given your pet’s standard of living) and specify how the funds should be distributed to the caregiver;

• Determine the amount of funds needed to adequately cover the expenses of administering the pet trust;

• Designate a remainder beneficiary in the event the funds in the pet trust are not exhausted;

• Provide instructions for the final disposition of your pet (for example, via burial or cremation).

Have questions or concerns about your estate planning? Contact us to discuss further:

E.M. Curran Legal LLC

10 Tower Office Park
Suite 314
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549

YOU FILED A CRA. WHAT HAPPENS IN COURT NOW?

A Child Requiring Assistance (CRA) claim is a court case in which the Juvenile Court is asked to help parents and/or school officials with the supervision and/or management of a child who is at least 6 but not yet 18 years old. There are five types of CRA but below are the four most commonly filed:  

1.       Runaway: Child 6 to 18: A child between the ages of 6 and 18 who “repeatedly runs away from the home of a parent, legal guardian or custodian having custody of the child.”  

2.       Stubborn: Child 6 to 18: A child between the ages of 6 and 18 who “repeatedly refuses to obey the lawful and reasonable commands of said parent or guardian resulting in said parent’s or guardian’s inability to care for and protect said child…”

3.       Truant: Child 6 to 16: A child between the ages of 6 and 18 who “is not excused from attendance in accordance with the lawful and reasonable regulations of such child's school, has willfully failed to attend school for more than 8 school days in a quarter…” 

4.       School Offender: Child 6 to 16:  “A school district may initiate an application for assistance in said court stating that said child is not excused from attendance in accordance with the lawful and reasonable regulations of such child's school, has willfully failed to attend school for more than 8 school days in a quarter or repeatedly fails to obey the lawful and reasonable regulations of the child's school.”

If after a preliminary hearing the Court decides the child requires assistance, the case will be scheduled for future court hearings. Below is an overview of the most frequently used types of hearings in a CRA case:

What happens at a Fact-Finding Hearing?

At the Fact-Finding Hearing, each party has a right to be heard and has the right to have a trial in front of a different judge who conducted the preliminary hearing. [Although this requirement is stated in the statute, this does not always happen. You could have the same judge from the initial filing to the disposition.]  The applicant, whether it be a parent or a school official, who filed the application must present evidence that shows to the judge, beyond a reasonable doubt, that the child requires assistance. If the judge finds that the child requires assistance, the court will schedule a case conference and disposition hearing.

What happens at a case conference?

The case conference allows the parties and any third-party collaterals (i.e. probation officer, representative from child’s school, clinicians, Department of Children and Families (DCF) if involved with the family, etc.) to collaborate and agree on plan for the child. The parties should be cautioned to only agree to tasks that they will follow through with. If a party agrees to do a task at the case conference that they have no intention of following through with, when the court gets a report on the progress of the plan it will be reported as a failure.

What happens at disposition?

At disposition the judge will order the child: to remain at home (and may impose conditions for the child to stay at home); into the custody of a relative or other appropriate adult; or into the custody of DCF (and may also order that DCF place the child out of the home).

Once the court places the child in DCF custody, DCF decides where to place the child. The disposition is first reviewed by the court after 120 days. At that review (or between reviews), the case can be dismissed, the court can change the custody order or conditions, or the case can continue with the same orders in place. There are three more reviews that happen after the first every 90 days.

Have questions or concerns about your child? Contact us to discuss further:

E.M. Curran & Associates LLC

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com

WHAT IS A CHILD REQUIRING ASSISTANCE (CRA) CLAIM?

What is a CRA?

A Child Requiring Assistance (CRA) claim is a court case in which the Juvenile Court is asked to help parents and/or school officials with the supervision and/or management of a child who is at least 6 but not yet 18 years old.

There are five types of Child Requiring Assistance that can be filed with the Juvenile Court:

1.      “Runaway” - repeatedly runs away from home of the parent, legal guardian or custodian;

 2.      “Stubborn Child” – repeatedly fails to obey the lawful and reasonable rules of a parent, which interferes with the parent/guardian/custodian’s ability to adequately care for and protect the child;

 3.      “School Offender” – repeatedly fails to obey lawful and reasonable school regulations;

 4.      “Truant” – willfully fails to attend school for more than 8 school days in a quarter; and

 5.      “Sexually exploited” -- and has been subjected to sexual exploitation.

Who may file a CRA?

A parent, legal guardian or custodian may file a CRA petition on their child who is at least 6 but not yet 18 is a runaway or truant.

The parent or police may file a CRA petition on a child who is at least 6 but not yet 18 who is a sexually exploited child.

A school district may file a CRA petition on a child who is at least 6 but not yet 16 who is a school offender or truant.

What happens on the first court date?

Once the appropriate person files the CRA with the juvenile court, the court will assign a date for a preliminary hearing. The child and their parent(s) will be assigned an attorney through the appropriate state agency. Ideally the parties will meet with their attorney before the hearing date but sometimes this doesn’t happen and the initial meeting will on the same day as the hearing. Almost every CRA will be assigned to a probation officer and a Department of Children and Families (DCF) social worker.  

At the preliminary hearing, the court will hear from each party. After each party has had an opportunity to say their piece, the judge will dismiss the petition, order informal assistance, or schedule a “fact finding” hearing. At this hearing, the court may grant temporary to DCF.

What happens if a child does not go to the hearing or runs away?

If a child fails to come to court or runs away, the court may issue a warrant of protective custody. The warrant does not go into the police computer system. Police should bring the child to court if the child is found. If the police find the child outside of court business hours, the police should take the child home or to a shelter (if one exists). A child may not be handcuffed, taken to the police station, placed in a court lockup facility, or placed in DYS if the police pick him/her up on a warrant of protective custody.

Have questions or concerns about your child? Contact us to discuss further:

E.M. Curran & Associates LLC

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com

WANT SOME LEGAL ASSISTANCE BUT NOT A FULL-TIME LAWYER?

If you have ever tried going it alone and represented yourself in a legal matter before, you were called a pro se party. As a pro se party you had to figure out for yourself, the legal system as well as all the ins and outs of the rules and pleadings that were necessary. E.M. Curran & Associates LLC can help you with your legal matters in a limited capacity this is called Limited Assistance Representation or L.A.R.  We can provide guidance on the rules of the court, help you fill out forms, review documents and give you feedback, help you draft responses and/or motions, and in some instances we can appear in court with you to help you with a certain part of the case.

Click here to read more about Limited Assistance Representation in Massachusetts

Limited Assistance Representation is much more economical and cost-efficient. The attorney and party enter into a detailed agreement defining what specific and limited tasks the attorney will be responsible for and what tasks the party will be responsible for. Rather than paying for months or even years of legal representation, you can seek legal advice for select issues or tasks such as but not limited to:

1. Document review: thoroughly review documents, pleadings and other written materials and discuss and explain the content to you.

2. Consultation/Coaching: evaluate, analyze and help develop a strategy for a particular situation; given you legal advice and inform you of your options.

3. Specific Services: assist you with a specific service such as ghost-writing a response/letter or legal research about the laws and the relevant cases.

4. Limited-Scope Attorney Appearance: in very limited instances we can appear in court with you to help you with a certain part of the case.

Contact Attorney Curran to discuss any legal issues you may:

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com

HOW DOES A CRIMINAL RECORD AFFECT AN INDIVIDUAL'S LIFE?

A Criminal Offender Record Information (CORI) is a record of all criminal court appearances in Massachusetts for a particular individual, including arrests, convictions, dismissals, and serious violations. Your CORI report is a summary of all your criminal cases in Massachusetts state courts. CORI does not include restraining orders or other non-criminal matters. Criminal records can make it hard to find a job, get housing or have a good life. Even if your criminal record is old, ti can create problems for you.

There are ways to reduce the impact of a CORI on daily life. In any case, removing an offense from your CORI requires getting a court order.

Do you have good cause for getting your CORI Records Sealed? Have you experienced one or more of the following:

1. You are having trouble getting a job, denied a job or are at risk of unemployment because of your criminal record? 
2. Would you like to be able to have or train for a specific job but cannot do so due to your criminal record? 
3. Are your prospects at your current job limited because of your criminal record? 
4. Are you currently homeless or having trouble getting housing due to your criminal record?
5. Are you unable to volunteer at your child's school or unable to participate in other community activities due to your criminal record? 
6. Has a lot of time passed since you caught any new charges?
7. Are you trying to make your life better be it through night classes, GED or other educational opportunities? 
8. Have you completed all of your probation requirements? 

This is not an exhaustive list of good causes for getting your CORI Records sealed but just a glimpse of some of them. 

SEALING RECORDS

Most criminal records can be sealed eventually through an administrative process by mail or by a judge. Most misdemeanors and felony convictions from a Massachusetts state court can be sealed after a waiting period. The general rule is that you are eligible to seal a conviction after a waiting period of 5 years if it is a misdemeanor conviction, and after 10 years if it is a felony conviction provided that:

• You have no new conviction(s) (except for motor vehicle convictions with a fine not greater than $50) during the same period in or outside of Massachusetts; AND
• You did not serve a jail sentence during the same period in or outside of Massachusetts, AND
• You are not now required to register as a sex offender.

Every time you are convicted or incarcerated, the clock re-starts to add another 5 years for a misdemeanor, and 10 years for a felony. 

Contact Attorney Curran to see how we may be able to help you:

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com

Want some legal assistance but not a full-time lawyer?

If you have ever tried going it alone and represented yourself in a legal matter before, you were called a pro se party. As a pro se party you had to figure out for yourself, the legal system as well as all the ins and outs of the rules and pleadings that were necessary. E.M. Curran & Associates LLC can help you with your legal matters in a limited capacity this is called Limited Assistance Representation or L.A.R.  We can provide guidance on the rules of the court, help you fill out forms, review documents and give you feedback, help you draft responses and/or motions, and in some instances we can appear in court with you to help you with a certain part of the case.

Click here to read more about Limited Assistance Representation in Massachusetts

Limited Assistance Representation is much more economical and cost-efficient. The attorney and party enter into a detailed agreement defining what specific and limited tasks the attorney will be responsible for and what tasks the party will be responsible for. Rather than paying for months or even years of legal representation, you can seek legal advice for select issues or tasks such as but not limited to:

1. Document review: thoroughly review documents, pleadings and other written materials and discuss and explain the content to you.

2. Consultation/Coaching: evaluate, analyze and help develop a strategy for a particular situation; given you legal advice and inform you of your options.

3. Specific Services: assist you with a specific service such as ghost-writing a response/letter or legal research about the laws and the relevant cases.

4. Limited-Scope Attorney Appearance: in very limited instances we can appear in court with you to help you with a certain part of the case.

Contact Attorney Curran to discuss any legal issues you may:

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com

Start the New Year off Right with a Review of your Legal Needs...

Take the time now to review your legal needs and ensure you and your family are all set for the upcoming year.

E.M. Curran & Associates LLC offers a wide range of services, including but not limited to:

1. Special Education Advocacy and Attorney Guidance 

2. CORI Record Sealing

3.  Estate Planning

4.  Real Estate support

Have questions or concerns?  Contact us to discuss further:

E.M. Curran & Associates LLC
10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com
@emcurranlegal
 

Want some legal assistance but not a full-time lawyer?

If you have ever tried going it alone and represented yourself in a legal matter before, you were called a pro se party. As a pro se party you had to figure out for yourself, the legal system as well as all the ins and outs of the rules and pleadings that were necessary. E.M. Curran & Associates LLC can help you with your legal matters in a limited capacity this is called Limited Assistance Representation or L.A.R.  We can provide guidance on the rules of the court, help you fill out forms, review documents and give you feedback, help you draft responses and/or motions, and in some instances we can appear in court with you to help you with a certain part of the case.

Click here to read more about Limited Assistance Representation in Massachusetts

Limited Assistance Representation is much more economical and cost-efficient. The attorney and party enter into a detailed agreement defining what specific and limited tasks the attorney will be responsible for and what tasks the party will be responsible for. Rather than paying for months or even years of legal representation, you can seek legal advice for select issues or tasks such as but not limited to:

1. Document review: thoroughly review documents, pleadings and other written materials and discuss and explain the content to you.

2. Consultation/Coaching: evaluate, analyze and help develop a strategy for a particular situation; given you legal advice and inform you of your options.

3. Specific Services: assist you with a specific service such as ghost-writing a response/letter or legal research about the laws and the relevant cases.

4. Limited-Scope Attorney Appearance: in very limited instances we can appear in court with you to help you with a certain part of the case.

Contact Attorney Curran to discuss any legal issues you may:

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com