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Areas of Practice Include: Real Estate, Foreclosure Prevention & Short-Sales, Loan Modifications, Foreclosure Defense & Litigation, Estate Planning & Asset Protection, Financial Planning, Probate Administration, Business Law, Landlord & Tenant Law.

Real Estate

Buying a home should be a pleasant experience and selling a home should be as stress free as possible. The Law Offices of James M. Bosco wants your experience of buying or selling a home to be as successful as possible and we will be with you every step of the way. We specialize in all aspects of real estate. Whether you have the need to buy, sell or re-finance a commercial or residential property,  the Law Offices of James M. Bosco can close your purchase or re-finance transactions in Massachusetts and New Hampshire. We have successfully represented hundreds of buyers and sellers in all phases of real estate transactions including certifying real estate titles, writing title insurance policies, reviewing and drafting offers to purchase/purchase and sale agreements, drafting deeds and power of attorneys, requesting municipal lien certificates, obtaining final water/sewer and municipal readings, title v certifications, ordering and reviewing title exams, resolving title issues, securing and reviewing site and plot plans, requesting and obtaining mortgage payoffs and preparing HUD settlement statements. Our office has processed and closed mortgage loans for dozens of various mortgage companies and banking institutions. We attend all closings, record all documents and disburse funds.

We are a title agent for First American Title Company and are a licensed agent in New Hampshire and Massachusetts. We take pride on customer satisfaction by providing an incredible turnaround time on title work and we get the job done right the first time. We provide the most complete title search in our area and with title abstractors available for every county of Massachusetts and New Hampshire, our average title search turnaround time is 3-5 days and we have earned a reputation for bringing clear and marketable title to the closing table on time and done right the first time. Our ability to access back titles allow quicker turnaround times and easy access to underwriting. We are proactive in resolving title issues and title searches are done immediately to ensure there are no last minute surprises before closing. 

The Law Offices of James M. Bosco continues to provide an incomparable service to all parties in real estate transactions. Locally, we know the streets and neighborhoods where property is being bought and sold and we have personable and professional staff members who truly love what they do. This is clearly reflected in the level of service we strive to give our clients each and every day. We are a team of experienced professionals who provide exemplary service throughout the transaction and we offer flexible closing times and locations always keeping the client’s needs in mind. We strongly believe in full accountability and availability by making ourselves readily accessible to our clients to answer any questions and address their concerns.

We would love the privilege of having you as a client and be given the opportunity to prove these words have meaning. We look forward to hearing from you!

Foreclosure Prevention & Short-Sales

Are you or someone you know falling behind in mortgage payments and possibly facing foreclosure? Or unable to re-finance because you are upside-down in value (owe more than your property is worth)? With the job market and economy still the way it is, there are still many homeowners struggling financially. However, NOW MORE THAN EVER, it is so important for homeowners to know that you do have options!

The Law Offices of James M. Bosco specializes in pre-bankruptcy & pre-foreclosure matters surrounding homeowners in addition to various consumer credit issues plaguing consumers. Specializing in pre-foreclosure short-sales and loss mitigation issues surrounding borrowers, our firm has helped countless numbers homeowners across Massachusetts and the country save their homes from foreclosure. We continue to diligently educate consumers with regards to the alternatives to bankruptcy and foreclosure and we have helped numerous real estate agents avoid legal liability by educating brokers and their agents about short sales and the many legal pitfalls they can bring.

If it is your desire to try and keep your home, you might be eligible for a variety of work-out solutions with your current mortgage provider. However, a large number of homeowners may not be successful in obtaining a loan modification with their current mortgage providers nor will they be able to qualify for refinancing. As a result, not everyone will be able to realistically keep their homes due to financial or credit issues and a continued declining real estate market. But there is an option that can help alleviate your mortgage burden and save you from the damaging effects of a foreclosure or bankruptcy - A lender approved Short Sale.

What is a Short Sale?

Unfortunately (when all other options have been exhausted) the only realistic choice that will be left for some homeowners will be to sell their property through a negotiated legal process called a Short Sale.  A Short Sale is the sale of a home when sales proceeds do not fully pay off the existing loan(s) and the lender(s) accepts a discounted payoff to fully satisfy the loan. The best part of a lender approved short sale is that the existing lender pays virtually all of the seller’s closing costs, including up to a 6% real estate commission fee. They will also pay off any back taxes, water/sewer bills, condominium fees and will even pay a minimum consideration to any second mortgagee or lien holder. Not only are you able to get your home sold for its current value, your existing mortgage(s) and lien(s) are paid off and are often “forgiven” for any shortages that would normally be owed to the lender.

Is a Short Sale right for me?

Mortgage lenders are increasingly willing to work with borrowers faced with a financial hardship to accept a discounted payoff on a mortgage. If you are faced with a hardship that makes it likely you will be unable to meet your obligation on your mortgage, your lender would prefer to settle the matter with you as opposed to taking the property through the foreclosure process. Even if you have been making your payments on time, but are finding yourself struggling financially to make these payments and other household obligations, you should look at this option closely.  As you consider the option of pursuing a Short Sale, remember your lender is looking to limit any potential loss on your loan should you fall behind. By completing a Short Sale, your lender has arrived at a solution that is (for them) much better than a foreclosure. 

The Law Offices of James M. Bosco specialize in pre-foreclosure short sales and loss mitigation issues between homeowners and their mortgage lenders.

We will work closely with you and your realtor to ensure all legal matters are handled correctly in order to make the negotiated short-sale a successful option for you. You may also have other options available to you, but time is of the essence! You need to act now if you truly have the need to sell your home or are potentially facing a foreclosure.

If you or someone you know could use more information on the options to keep or sell your home and avoid the terrible effects of foreclosure or bankruptcy, please contact us if you would like to discuss your options. You don’t have to go through it alone!

Loan Modifications

If you are a homeowner struggling to pay your mortgage or are facing foreclosure and would like to keep your home, you may have various options available to you through the federal government depending on the type of loan you have and your lender’s participation. Below are links to information that might be helpful to you: 

Home Affordable Refinance Program (HARP)

http://www.makinghomeaffordable.gov/programs/lower-rates/Pages/harp.aspx

Home Affordable Modification Program (HAMP)

http://www.makinghomeaffordable.gov/programs/lower-payments/Pages/hamp.aspx

Principal Reduction Alternative (PRA)

http://www.makinghomeaffordable.gov/programs/lower-payments/Pages/pra.aspx

Second Lien Modification Program (2MP) 

http://www.makinghomeaffordable.gov/programs/second-mortgage-help/Pages/default.aspx

Foreclosure Defense & Litigation

Why wouldn’t anyone who owns a home do everything in their power to protect and defend it? Sometimes, when all else fails, the only way to possibly achieve results if you are truly looking to keep your home is to litigate.  Although some homeowners have been successful obtaining a loan modification, many others have not. In fact, during the past few years our office has been inundated with phone calls and e-mails from homeowners who were accepted for a loan modification agreement only to find their mortgage company pulling the plug on their agreement months later and now are facing foreclosure.  

Basically, the lender or servicer contacted the borrower (who was in default) offering to do a “loan modification” provided the borrower submits certain paperwork and agrees to pay money toward a temporary “trial period” while waiting on the promised “permanent modification” to be approved. The homeowner reasonable relied on these terms and complied by making the agreed upon payments on time and by submitting the required paperwork. However, the lender or servicer would repeatedly continue to ask the borrower for more paperwork, then more paperwork, then more paperwork (and more money) until finally the “lender” or “servicer” denied the “permanent modification” due to “inconsistencies in the paperwork”, without identifying what those “inconsistencies” were or even provided a reason to the homeowner at all. Some homeowners were simply sent foreclosure notices after paying faithfully each month during their trial periods.  

These unfair and deceptive practices prompted a variety of lawsuits against mortgage lenders and their servicers over the last couple of years. In February 2012, 49 state attorney generals and the federal government announced a historic joint state-federal settlement with the country’s five largest mortgage servicers. Check out the websites below to see if you could be a homeowner who might be eligible under this settlement. 

National Mortgage Settlement Website

http://www.nationalmortgagesettlement.com/

http://www.mass.gov/ago/news-and-updates/initiatives/addressing-the-foreclosure-crisis/homecorps/

You might also want to check out Rick Misitano’s blog located on Active Rain for valuable information on how a homeowner can defend themselves from foreclosure. 

http://activerain.com/blogsview/1199543/what-happens-when-a-lender-can-t-produce-the-original-note-

What is "Predatory Lending"?

Predatory lending is a practice attributed to certain mortgage lenders that seeks to take advantage of the lack of knowledge or unwariness of borrowers and is often associated with borrowers qualifying for a new mortgage loan, refinancing, home equity loans or home improvement lending. These practices take on several forms such as enticing borrowers to take on more debt than they can handle, tricking a borrower into a loan with a low interest rate that eventually adjusts to a much higher rate without the borrower knowing and/or misrepresenting and falsifying loan documentation (such as information on the loan application, etc.) Predatory lenders use deception and misinformation to trick unsuspecting borrowers into unnecessary costly financing, often in hopes the borrower will default and allow the lender to acquire the property cheaply. Often times with these cases, mortgage brokers told their buyers one thing, only to have things changed on them at the last minute while at the closing table (such as changing the interest rate, closing costs and other terms). Typically, families who are from other countries were severely taken advantage of by predatory lenders. Non-English speaking borrowers were especially targeted in addition to the elderly and the disabled.

If you are a homeowner who thinks you may have been violated by a predatory lender and was placed in an interest only loan, no income verification loan, balloon payment loan, 80/20 loan or were given a 100% or 110% financing loan, we would like to talk with you. Depending on specific circumstances, you may have a variety of claims available to you, such as RESPA violations, TILA violations, HOEPA violations or 93A violations to name a few. These claims are filed in Superior Court and would entitle you to immediate injunctive relief and would automatically stay any potential foreclosure and collection actions against you. Substantial monetary damages are possible including the ability to obtain damages for emotional distress. Any proceeds that are recovered from these types of actions are typically deducted from the existing principal balance of your current mortgage(s) and the court will then usually order the lender to re-­write your loan and impose a much lower interest rate for the life of the loan on any balance that might be remaining.

If you think you may have a claim, you will need to supply the following documentation:

Copy of your Mortgage Note(s)

Truth In Lending Statements For Each Loan

Final HUD-1 Settlement Statement For Each Loan

Copy Of "Form 1003" (Loan Application Submitted By Your Broker)

Copy Of Recent Mortgage Statement(s)

Copy Of Your Mortgage(s)

The list of information above is extremely important in determining whether or not a predatory claim potentially exists or not. If you are facing a foreclosure action on your home, time is of the essence in order to protect your rights and ensure your legal remedies. You should consult with legal counsel as soon as possible.

Unfortunately, the Law Offices of James M. Bosco is not taking on any more foreclosure litigation or loan modification clients at this time. However, we are affiliated with many other law firms that specialize in this area and would be happy to refer you to an appropriate attorney.  We are still accepting short-sale clients.

Estate Planning & Asset Protection

A Financial Blueprint of Your Assets

A will is an extremely powerful legal instrument you can use to distribute your probate assets to your loved ones after you are gone. (Probate assets generally refer to those assets in your name only that do not pass to another at your death by operation of law.) Think of your will as the financial blueprint of these assets. Your will clearly states who will inherit your probate assets and when, as well as any conditions that must be met for them to receive your probate assets. At death, the court rules on the validity of your will. If the will is valid, the court instructs your executor to carry out the terms of the will according to your wishes. (This act is known as a decree of probate.) The executor is the person appointed by you in the will to supervise the distribution of your probate assets.

What are the Consequences of Not Having a Will?

Without a will, you increase the likelihood of conflicts, bitterness, and after-death disputes between your children and other family members. Here’s how: If you die without a valid will, the court does not have your financial blueprint to follow. Therefore, it has no way of knowing how you wished to distribute your assets. By “dying intestate” you lose the ability to direct the distribution of your estate. The state where you lived steps in at your death and makes the decisions for you, according to the distribution schedule set forth in its intestacy statutes. The state’s decisions are designed to pass property to those who would most benefit. Unfortunately, the state’s decisions may not conform to your wishes or to what is best for the people closest to you. Intestacy usually means outright payments. This can cause a multitude of problems and misunderstandings, not to mention tying up your assets in the probate process for months or years.

Common Misconceptions

Myth: “My assets are so small that a will is not necessary.”

Fact: Think again. Few people are worth so little that a will is not necessary. Add together the value of your home, car, furniture, jewelry, savings account, and investment portfolio. Subtract from this total your personal debts. The bottom line is that you are generally worth more than you think. Even if some items do not hold great monetary value, they could hold an enormous amount of sentimental value. Failing to indicate who receives these treasures in your will can cause friction between family members that lasts for decades.

Myth: “When I die, my spouse will get all of my assets.”

Fact: If you and your spouse own assets jointly, at death your share of the assets will automatically go to the surviving spouse. But, what happens when your surviving spouse dies? What will your children receive? Does your spouse have the financial know-how to manage the family wealth? If your spouse remarries, some or all of your spouse’s assets may wind up in the hands of his/her new spouse.

Myth: “I can create a will on my own and save the legal costs.”

Fact: “Do-it-yourself” wills often do not contain all of the necessary components as required by law. A vaguely-worded clause can result in lengthy legal battles. The laws of each state are very specific and the wording of the document must be precise. An improperly drafted will could be contested by anyone who comes forward to make a claim against the estate and the court may deem the will to be invalid. If so, the court may require your estate to cover all legal costs and expenses and the estate may be taken over by a total stranger or the government. Remember, the few dollars you save now can cost your loved ones thousands of dollars later.

Having Control While You Are Still Alive

A living trust is a document in which you designate the people who get your property after your death. It is a separate document from a will.  It can be an important tool that allows you to continue to enjoy the use of your property during your life and avoid the necessity of a probate procedure for the distribution of your property after death. As part of setting up a living trust, you must create a trust and transfer your real estate and other property into it. It is customary to name yourself as the trustee of the trust so that you always maintain full control the property. You would also name another person as the successor trustee. The successor trustee transfers (after your death) the property to the people you designate.

If you have a will or a living trust, when you should update them?

If you have a will or living trust, you should update it if you have experienced major life changes, including:

Having children

Getting married or divorced

Death of a close family member

Acquiring a large asset

What is a durable power of attorney (DPOA)?

Under a DPOA, you designate someone to act on your behalf if you are incapable of doing so. The DPOA continues to be valid even if you are incapable of making decisions or become disabled. The DPOA must be created while you are competent. In other words, you must be capable of understanding the nature and extent of the document at the time you sign it.

What are advance medical directives, living wills, and health care powers of attorney?

These documents vary in name and effect depending on the state in which you live. In general, they allow you to express your decision about whether you wish your physician to withhold life-prolonging procedures if you have a terminal medical condition or will die imminently; and designate someone to make medical decisions on your behalf in case you are incapable of doing so.

Points Often Neglected in Drawing Up Wills:

In discussions with your lawyer, be sure to ask yourself the following:

Does my will take advantage of the unlimited marital deduction?

How are estate taxes allocated among beneficiaries?

Have arrangements been made to establish who legally died first in the event of an apparent simultaneous death of both you and your spouse?

Should the executor of my estate have the power to run or dispose of my business?

Have all insurance arrangements been considered in your will?

Where Does Life Insurance Fit Into the Picture?

Life insurance is a vehicle you can use to help make sure the size of your estate is not severely depleted at death. In most instances, life insurance proceeds are paid income tax-free to your beneficiary(ies). All life insurance policies and related pay out policies such as 401K’s, pension funds, etc. are paid outside of probate. Besides replacing the lost income of a wage earner, the proceeds from a life insurance policy can provide estate liquidity. They can help pay the estate’s income taxes, state death taxes, funeral costs, any outstanding debts, probate costs, and other miscellaneous expenses that occur at death.

Financial Planning

We are very excited to announce the addition of yet another affiliation to our office with the addition of Jane Harris, who is a senior vice-president with a division of CitiGroup Financial Services. Jane is an amazing person who has been in the financial services field for a number of years and has helped hundreds of families become debt free and financially independent. This affiliation enables us to now offer complete “One-Stop” financial and legal services to all of our clients. This relationship is such a compliment to the estate planning portion of our practice, as we are now able to offer a full spectrum of exceptional financial planning services and products which include: in depth financial analysis, debt elimination, asset management & protection, educational savings, life insurance, long term care, mutual funds, variable annuities, securities, 401K & employee retirement plans and small business retirement plans. 
 
Nothing bothers us more than to see clients (who are in their 70’s) working full time because they have to in order to make ends meet. It shouldn’t have to be that way! We want you, your kids and grandkids to be secure. We want you to be able to write a college tuition check with ease. We do not want you to have any financial worries when it comes time for your retirement. 

Retirement – Isn’t that supposed to be the time in our lives when it is our turn to enjoy what we have worked so hard to accomplish during our whole life and not a time to have to worry about if we will be able to make ends meet?

You have a right and an obligation to protect the assets and income you have worked so hard for and make certain your retirement is guarded from the government’s reach or the reach of creditors. We also want to make certain that your assets are protected should you die or become incapacitated. A solid asset protection plan is vital to the success of any financial or retirement planning and assures that your wishes are carried out as you intended.  

The Decision Is Up to You

You spent a lifetime building and gathering your assets. It’s up to you to make sure your assets and income are protected and get distributed the way you want. A will is a tool you can use to achieve this goal. The Law Offices of James M. Bosco will help evaluate your needs and recommend solutions that will help to maximize your will’s potential. We are committed to protecting your family’s future and preserving your carefully thought out wishes.

The foregoing explanations have been a very simplified way of explaining the importance of having a proper estate plan, its components and other various important methods available to ensure your wishes (and not the wishes of the government) are protected and honored. As with any legal endevor, you should consult an attorney licensed to practice in your state for more details. The Law Offices of James M. Bosco is a very good place to start. Caring, compassionate and understanding are a few words to discribe our firm. Going above and beyond is what we want all of our clients to expect from us as we accept nothing less of ourselves.

Probate Administration

The Law Offices of James M. Bosco specializes in the probate of wills and the administration of estates. Once a person passes away, the terms of the person's will must now be properly carried out and the administration of their estate properly handled. Often times this can be a very overwhelming and emotional task for the person deemed responsible to oversee such a  process. This is where retaining a law firm who specializes in probate administration can be very helpful, as they can help you facilitate the process or be appointed to facilitate the entire process on your behalf. Here are some of the tasks starting out if you are the person faced with this responsibility:

Security and care of family – Make sure decedent’s home and belongings are secure. Make sure family members, particularly any children, have care and assistance, and that immediate financial needs are met. Also take care of pets, plants and perishable items.

Consider whether organ donation is appropriate – Check decedent’s personal papers and driver’s license for organ donation statement and confer with family members and attending physician, as appropriate.

Funeral arrangements – Review any available written or video statement of preferences left by the decedent.  Discuss with family members. Notify funeral home and clergy.  Contact cemetery and locate deed to plot when necessary.  Notify family and friends to provide all receipts for funeral expenses.

Help family prepare and distribute obituary – Check decedent’s personal papers for resume or other similar document.

Notify bank(s) – If named executor, administrator or trustee, contact bank and find out name of administration officer. Determine if there are any regular electronic withdrawals for bill payment, such as insurance premiums or mortgage payments.  The automatic payments should be stopped and other arrangements made or policies and contracts terminated.

Hold mail at post office – Check, too, for mailboxes and stop newspapers and other deliveries where needed.

Collect the necessary paperwork

Death certificate – Many offices and agencies will require a certified copy or photocopy of the death certificate. In most cases, no more than 12 certified copies are needed.  Certified copies are usually available from the county Health Department, or can be obtained with the help of the funeral director. When a US citizen dies outside of the country, the death certificate is issued by the US Department of State.

Wills and any trust agreements – Original wills are often maintained by a lawyer or in a safe deposit box or with other personal papers.

Copies of all insurance policies – Consider life insurance, mortgage or loan insurance, accident or auto insurance (if applicable). Contact insurance agent, if known, for help.

Copy of most recent income tax return – Often helpful filing current year’s return and may be needed to secure Social Security and other benefits.

Important contacts

Social Security Administration – Call 1-800-772-1213 to report the death and to investigate benefits.  Visit http://www.ssa.gov for general information.  Two different benefits may be available:

o   Survivor benefits for a spouse and/or children

o   Up to $225 toward burial expenses for surviving spouse or children

Current employer – If decedent was employed at the time of death, he or she may qualify of one or more of the following:

o   Benefits under group life, health or accident plans

o   Vested interest in pension or savings plans

o   Final paycheck, including accrued vacation and sick leave

o   Worker’s compensation benefits (if death was work related)

Prior employers – Decedent ay have vested interest in pension or savings plans, including benefits for survivors.

Pension plan administrators – If decedent was retired and receiving pension payments at death, surviving spouse or children may be entitled to benefits.

Veteran’s administration – Call 1-800-827-1000 or visit http://www.va.gov.  If the deceased was a veteran, survivors may be eligible for a small lump sum payment for burial expenses and financial help for a grave marker.  Survivors of disabled veterans may also receive continued disability benefits.

Credit card companies – Cards held exclusively by the deceased should be cancelled.  Amounts due should be paid by the estate. Cards issued jointly should be re-issued.

Life insurance benefits – Notify insurance underwriters, if any of death and assist beneficiaries in making claims. Consider benefits that might be available from health or accident policies, too.

Existing insurance policies – Cancel health insurance, credit card insurance and other policies that may be appropriate to cancel. Keep auto coverage until vehicle(s) is sold, but notify company of death.

Administration of the Estate

Open a checking account in the name of the estate – A separate account is needed to segregate assets of the estate, manage bill payment, and keep track of expenses.

Initial tax matters – See Publication 950, Introduction to Estate and Gift Taxes, for a primer on federal taxes.  This publication and forms are available online at http://www.treas.gov or call 1-800-829-3676.

o   Obtain a Federal Identification Number, IRS Form SS-4, Request for Employer Identification Number

o   Notify the IRS of authority to act for the decedent, IRS Form 56, Notice Concerning Fiduciary Relationship

Retain attorney to assist in administration of estate – Consider retaining attorney who prepared decedent’s estate plan, if available.  Discuss choices with family members where appropriate and get fee arrangement in writing.

Submit will for probate – Confer first with attorney for the estate and considering option for simplified administration for small estates.

Obtain formal appointment to act for estate – With attorney, prepare petition to probate court for “letters of appointment”, the document issued by the court that formally appoints executor or administrator.

Make required notices – When probate court grants letters of appointment, publicize according to state law after consulting with attorney.  Send statutory notices to creditors and make publication as required by law.

Get bond, as required – Contact insurance agent or other professional to arrange for bond.  Note that many wills provide the executor is not require to have a bond.

Elect against will? – If decedent was married at time of death, consult with attorney regarding right of surviving spouse to “elect against the will”, or take statutory amount in lieu of share provided by will or trust.

Estate Management

Pay current obligations of decedent – Credit cards, utilities, medical bills and the like should be paid from the estate’s account.

Sell or dispose of all perishables

Locate all assets and liabilities of decedent – Locate all assets, including both real and personal property, whether tangible and intangible. With assets, maintain an inventory, including location, date of death value, whether there are co-owners, how the distribution is determined, and to whom it should be distributed. Appraisals of personal property and real estate may be necessary, consult with estate’s attorney.

o   Transfer cash to checking account in estate’s name

o   Review securities (stocks and bonds) for handling.  Consider limits on trading imposed by law and will or trust of decedent.

Safe deposit boxes – If decedent had safe deposit box, contact bank to arrange for opening and inventory.  If unsure, contact any bank where decedent had account and inquire.

Arrange for safe keeping of valuables – Jewelry, furs, art and other valuable personal effects must by kept safe from loss, theft and damage.  It may be necessary to get a safe deposit box in name of the estate.

Real Estate – Inspect and arrange for security, maintenance and upkeep of all business and personal real estate.  Determine if any tax payments are due (including overdue amounts not paid by decedent).  If investment property, review leases, arrange for management and notify tenants of new payee for rent.

Debts and liabilities – Inventory the debts of decedent and pay as appropriate.

Explore tax elections – With decedents who had business interests, larger estates or those where more sophisticated planning was involved, consider these options with the estate attorney and any tax advisors:

o   Section 6166 Federal Estate Tax Deferral

o   Section 2056A QTIP Election

o   Section 2033A Family Owned Business Exclusion

o   Section 2032A Special Use Election

o   Alternate Valuation

o   Allocation of Generation Skipping Transfer Exemption

File necessary tax returns – Some or all of the following federal returns may be required.  In addition, comparable or other state returns may be due:

o   Decedent’s final income tax return for the year of death, Form 1040

o   Estate tax return, Form , generally due within 9 months of death

o   Gift tax return, Form 709 or Form 709A

o   Estate and/or trust fiduciary income tax returns, Form 1041

o   Business and/or employer related returns if decedent had business interests

Pay fees of appraisers, accountants, lawyers, and other professional advisors, and court costs

Distribution and Closing

Distribute assets – Property distributions are handled generally as follows:

o   Specific bequests of cash and property are made to individuals and charities, including transfer of ownership of securities

o   Liquidate (i.e., sell) property as necessary

o   Establish any trusts provided in will

o   Distribute remaining assets of estate

Obtain tax clearances from appropriate government agencies

File final report – Include accounting of all receipts, disbursements and other activities and distribute to all beneficiaries

Close estate account – After final expenses are paid and surety bond discharge is obtained (if needed), close any remaining accounts in the name of the estate.

As you can see, such a process can seem daunting, especially if there are family members or heirs of the deceased that become difficult or uncooperative. The Law Offices of James M. Bosco can work with you on the administration of the estate, providing assistance to you as you request or need. Most clients prefer to handle the day-to-day operations of the estate (such as gathering assets, paying bills, etc.) without our immediate assistance. Other tasks may be less familiar to you – such as completing the Inventory, Accounts, Fiduciary Tax Returns, etc. We are glad to provide the assistance that you need. 

Business Law

One of the first choices that a business owner must make is how to structure their business. How a business is structured is very important because it has a significant impact on tax liability, management and owner liability. The Law Offices of James M. Bosco will work closely with Massachusetts business owners and entrepreneurs and assist them in the proper legal formation of their business. 

An improperly formed business can result in higher taxes; or worse, subject you to personal liability. As a business owner, you should be concentrating on building your business and making money, not worrying about the legal aspects of properly forming your business.

The Law Offices of James M. Bosco has a firm understanding of Massachusetts business laws and asset protection. We are prepared to help you establish your company with a firm, legal foundation. From drafting Articles of Organization and Shareholder Agreements to Drafting LLC and Partnership Agreements to forming an "QSST" Qualified Sub-Chapter S Trust or "ESBT" Electing Small Business Trusts, the Law Offices of James M. Bosco has the knowledge and experience assisting business owners with the legal requirements of setting up a new business.

Whatever your buisness needs might be, from the formation of a limited liability company (LLC) or incorporation (INC); Preparation of bylaws and operating agreements; Obtaining tax identification numbers; Drafting of partnership agreements or Forming a non-profit organization, the Law Offices of James M. Bosco would be honered to be on the ground floor of your business endeavor by providing you the strongest foundation for your success!

Landlord Tenant Law

While both the landlord and tenant have rights, each also has obligations. The landlord is responsible for maintaining the property and in many cases, for meeting local housing codes, and the tenant must abide by the terms of their lease. When terms of a rental agreement are violated, the landlord may issue an eviction notice. 

The landlord-tenant relationship is often subject to disputes. Problems can arise for a wide variety of reasons. Often tenants fail to carefully read the lease they sign. Issues about security deposits are common. Or one might lease a home, only to have the owner default on the mortgage. 

The Law Offices of James M. Bosco provides legal services for real estate owners and managers from small landlords with two and three family homes to large corporate landlords and municipal housing authorities. We also represent tenants facing eviction or having legal issues or disputes with their landlords or housing authorities.
 
We can represent landlords in all facets of Landlord Tenant Law, from eviction actions to getting financial judgments against problem tenants in a timely manner.  

Some of the potential legal problems we can help our clients resolve (whether you are a Landlord or a Tenant) include: 

Lease Preparation & Review

Evictions

Failure to Maintain Premises Issues

Code Violations

Security Deposits Disputes

Rent Increases

Breach of Rental Agreement

Illegal Entry
 
Being a landlord in Massachusetts can be tricky, so it’s important to have an experienced law firm on your side. If you have questions about landlord-tenant laws or need legal advice to protect your interests and enforce your rights as a landlord or a tenant, we invite you to call our office to learn how the Law Offices of James M. Bosco can benefit you or your business.

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