Phillips, Silver, Talman, Aframe & Sinrich, P.C.FindLaw IM Template2026-09-03T14:12:55Zhttps://www.pstas.com/feed/atom/WordPressOn Behalf of Phillips, Silver, Talman, Aframe & Sinrich, P.C.<![CDATA[Undue influence and a position of power]]>https://www.pstas.com/?p=649752026-09-03T14:12:55Z2026-09-03T14:12:55ZOne potential reason for a probate dispute is if there are accusations of undue influence. This means that someone influenced an elderly person to alter their estate plan in a specific way, typically to that individual’s benefit. Other beneficiaries may challenge these alterations on the grounds that they were just a result of manipulation and that they did not truly reflect what that elderly person actually wanted.
In many cases, power dynamics play a significant role. The person who is committing the alleged undue influence may be in a position of power, while the elderly person is a relatively vulnerable individual. This may mean that they are being exploited for financial reasons.
How could this happen?
There are many different ways that this can happen, with one example being when an individual is acting as a caretaker for the elderly person. They may help them remember to take medication or perform daily tasks around the house. As a result, they could threaten to withhold this care if their proposed changes to the estate plan are not made, meaning that they are manipulating the outcome.Additionally, the elderly person could be suffering from some sort of ailment that makes manipulation easier. Perhaps they have dementia or Alzheimer’s, so they struggle with memories or recognizing exactly what is happening around them. A person close to them uses this as an opportunity to tell lies about other beneficiaries, tricking the elderly person into removing those people from the estate plan. In this case, the vulnerability of the elderly person, due to their declining mental state, leaves them open to manipulation.These are just two examples to show how undue influence happens and what types of red flags to look for. When probate disputes do arise, those involved must know what legal steps to take.
]]>On Behalf of Phillips, Silver, Talman, Aframe & Sinrich, P.C.<![CDATA[Can you recover damages for pain and suffering after a crash?]]>https://www.pstas.com/?p=649742026-08-21T17:50:28Z2026-08-21T17:50:28ZUnlike compensation for economic losses such as medical expenses and lost wages, pain and suffering damages are intended to address the physical discomfort, emotional distress and other non-economic consequences of your injuries. They may also account for limitations on your daily activities and the ways your injuries affect your overall quality of life.
Not everyone qualifies for pain and suffering damages after a crash in Massachusetts. You must satisfy certain requirements to pursue these damages, as explained below.
The legal threshold in Massachusetts
Massachusetts law generally requires an injured person to meet a statutory threshold before recovering damages for pain and suffering after a motor vehicle crash. In most cases, pain and suffering damages may be recovered only when the reasonable and necessary expenses incurred to treat the ensuing injuries are determined to exceed $2,000.However, the $2,000 requirement does not apply to certain serious injuries. These include fractures, permanent and serious disfigurement, loss of a body member and qualifying loss of sight or hearing. If your injury falls within one of these categories, you may pursue pain and suffering damages without necessarily meeting the $2,000 threshold.Fault is another important consideration. Massachusetts follows a modified comparative negligence rule, meaning you cannot recover damages from the other party if you are found to be more than 50% responsible for causing the crash.
How is pain and suffering valued?
There is no fixed dollar amount for pain and suffering after a car accident. The amount you may recover will depend on the specific facts and circumstances of your case. Factors that may matter include:
The severity and duration of your physical pain
Whether your injuries are permanent or require extensive treatment
The emotional distress associated with the accident
Limitations on work, hobbies and daily activities
The impact of the injury on your relationships and quality of life
Your degree of fault for the crash
Medical records, treatment history and testimony about how your injuries affect your everyday life can help demonstrate the extent of these losses. Reaching out for professional legal guidance after a crash in Massachusetts can help you understand the damages you may be entitled to and what evidence can support your claim.]]>On Behalf of Phillips, Silver, Talman, Aframe & Sinrich, P.C.<![CDATA[Elder financial abuse and inheritance disputes]]>https://www.pstas.com/?p=649732026-08-14T19:23:40Z2026-08-14T19:23:40ZProtecting an inheritance from elder financial abuse
Massachusetts has laws in place to protect older adults from financial exploitation. Sadly, financial exploitation does not always become apparent until after the elderly person dies. Families may discover that substantial assets are missing or that the estate plan changed shortly before their loved one’s death.
It’s important to realize that not every unequal gift or unexpected inheritance is evidence of abuse. An older adult has the right to decide how to use and distribute their property. The problem occurs when there is evidence that a transaction resulted from fraud, coercion, misrepresentation or undue influence.
Undue influence can be particularly important in inheritance disputes. An older person may have the legal capacity to make a will or give away property. However, they are vulnerable to someone who exercises inappropriate influence over the person’s decisions. Undue influence may be grounds for invalidating a will.
Potential signs of financial abuse
To protect their older loved ones, families should pay attention to changes that are inconsistent with that person’s normal financial habits, such as:
Large or unusual cash withdrawals
Unexplained transfers
Frequent overdrafts
Adding a new co-signer or joint account holder
A new friend, relative or caregiver taking an unusual interest in the older person’s finances
Unexplained changes to a will, trust, beneficiary designation or power of attorney
A third party speaking for the older adult or controlling access to family members
Missing bank statements, checkbooks, credit cards, jewelry or other valuable property
If you suspect that a family member is being financially exploited, it’s important to take prompt action. If they are still living, protecting them from further financial abuse may be the immediate priority. If the person has died, it’s essential to contact a legal professional as soon as possible to help determine whether the circumstances warrant a will contest.]]>On Behalf of Phillips, Silver, Talman, Aframe & Sinrich, P.C.<![CDATA[Did your employer misclassify you as an independent contractor?]]>https://www.pstas.com/?p=649682026-08-03T12:34:46Z2026-08-03T12:34:46Zthree-part test. Your employer might have misclassified you if it cannot prove every part of that test.
How Massachusetts decides your worker status
To treat you as an independent contractor, the business must prove the following:
You control how you perform the work.
You provide services outside the business’s usual work.
You run an independent business that offers the same services.
Your actual work matters more than the label in your contract. Consider who sets your schedule, assigns your tasks and directs your work. You may also review whether your service matches what the business offers its customers.
For example, a cleaning company that hires you to clean offices for its clients could have trouble meeting the second requirement. Cleaning offices falls within the type of service that the company sells.
What employee status could mean for your pay
If the law treats you as an employee, wage protections might apply to your work. You could have a claim if the business paid you less than minimum wage. You may also qualify for overtime after 40 hours in one workweek unless an exemption applies.
Employee status may affect other rights as well, including earned sick time and access to proper payroll records. Consider keeping your agreements, pay records and work schedules. Messages about your duties or hours could help show how the business directed your work and calculated your pay.
Protect your rights with good records
A contractor label does not decide your status under Massachusetts wage law. Learning the three-part test may help you understand your rights. Reviewing your daily work and saving key records could prepare you to make an informed choice and protect your right to lawful pay.]]>On Behalf of Phillips, Silver, Talman, Aframe & Sinrich, P.C.<![CDATA[Can I sue a grocery store for a slip-and-fall accident?]]>https://www.pstas.com/?p=649672026-07-21T13:25:42Z2026-07-20T17:02:34ZFactors contributing to liability claims
To successfully sue a supermarket or grocery store, you would have to prove that the business failed to maintain a reasonably safe environment. To prove premises liability in Massachusetts, you need to establish certain critical legal criteria such as:
Duty of care: The business owes a legal duty to keep its property reasonably safe for customers
Negligence: The business knew or reasonably should have known about a dangerous condition and failed to fix it or warn customers
Mode of operation: The business’s regular method of operation makes recurring risks predictable, making it liable for foreseeable risks
Causation: The business’s failure to address the hazardous condition was the direct cause of your injuries
The state operates under a modified comparative negligence law system. That means, you can still recover money as long as you are 50% or less at fault. If a jury decides the injury was 80% the store's fault and 20% your fault, your total financial award could be reduced by 20%.
Life after a slip-and-fall injury
A sudden injury does more than disrupt your physical well-being; it can adversely affect your daily life, livelihood and peace of mind. Taking the right steps early could help you secure the resources you need for a full recovery. Speaking with an experienced Massachusetts personal injury attorney could help you clarify what legal options might be available to you.]]>On Behalf of Phillips, Silver, Talman, Aframe & Sinrich, P.C.<![CDATA[Can a handshake agreement still be enforced in Massachusetts?]]>https://www.pstas.com/?p=649662026-07-14T18:21:36Z2026-07-14T18:21:36ZA handshake might create an enforceable agreement
An oral arrangement can have legal effect even if there is no written contract creating an agreement. Whether a verbal arrangement can be enforced depends on the specific circumstances and the available evidence showing what the parties agreed to.
The difficult part is not proving if the conversation happened but proving what exactly was agreed on. When there is no written contract, there can be disagreements over pricing, deadlines, responsibilities, and even whether there was an understanding at all.
This is one reason why many businesses choose to put all important agreements in writing, even when the relationship is built on mutual trust.
Some agreements should always be in writing
While verbal arrangements are sometimes enforceable, Massachusetts law recognizes that some contracts can be of higher risk if left undocumented. Some agreements generally must be in writing to be enforceable, including certain real estate contracts and agreements that cannot be performed within one year.
The legal requirements of having a written contract are less about trust and more about creating clarity when significant obligations are involved.
Good business relationships still benefit from clear records
Business relationships often evolve as companies grow, ownership changes or new employees become involved. A written agreement gives everyone a shared reference point, making it easier to continue the relationship even as circumstances change.
A handshake can still reflect confidence between two parties while making important business decisions, but having a written contract can protect both the relationship and the business itself.]]>On Behalf of Phillips, Silver, Talman, Aframe & Sinrich, P.C.<![CDATA[Can I sue a family member for personal injury?]]>https://www.pstas.com/?p=649642026-06-23T14:48:37Z2026-06-23T14:48:37ZWhen should you sue?
You can file a personal injury claim if you can prove that a relative’s carelessness directly caused your injury. Possible scenarios where these claims can arise include:
Car accident: You were a passenger in a car driven by a relative who caused an accident.
Slip-and-falls: You slipped on an improperly maintained, icy walkway outside your relative’s home.
Animal attack: You suffered from a severe bite from an unrestrained or poorly managed pet animal.
Property accidents: You tripped over a known, hidden hazard in the house that your relative failed to warn you about.
The biggest hurdle people face is the emotional guilt of suing a loved one. However, in almost all cases, you are not directly suing the relative, you are claiming against their insurance policy. Your closed ones pay their insurance to protect passengers or visitors if something goes wrong.
Your way forward
The emotional connection with the close family member may prevent you from seeking compensation. However, the financial reality of the severe injury can be overwhelming. If you are facing a similar tough situation, seeking advice from a skilled personal injury attorney could help you review your case and understand your options moving forward.]]>On Behalf of Phillips, Silver, Talman, Aframe & Sinrich, P.C.<![CDATA[Can you sue your lawyer for bad advice that cost you money?]]>https://www.pstas.com/?p=649632026-06-11T16:15:18Z2026-06-11T16:15:18ZNot every mistake rises to the level of malpractice
Lawyers make judgment calls, and not every wrong call constitutes malpractice. A legal malpractice claim in Massachusetts requires demonstrating four distinct elements:
An attorney-client relationship
A breach of the standard of care a competent legal counsel would have met
A direct causal link between the breach and your harm
Actual financial damages proximately resulting from that breach
If any one of these elements is absent, the claim will not withstand scrutiny.
What counts as falling below the standard of care
The standard of care is not perfection. It is what a reasonably competent attorney confronting the same circumstances would have done. If your lawyer rendered advice that falls below that standard, that can constitute a breach.
For instance, if you asked them whether a contract was enforceable and they told you it was, but a different legal counsel reviewing the same contract would have identified a clear legal defect, that gap between what was done and what should have been done is where a breach begins.
You have to prove the mistake cost you a better result
Massachusetts courts refer to this as the "case within a case." It is not sufficient to demonstrate that your attorney made a mistake. You must also establish that without that error, the outcome would have been different and that you would have actually been able to collect on it.
You have three years to file a legal malpractice claim
Massachusetts affords you three years to file a legal malpractice claim, but the clock does not always start on the day the deficient advice was given. It begins from when you knew or reasonably should have known that your attorney's advice caused you cognizable harm.
If they continued representing you on the same matter after the mistake, the three years may not commence until that representation concludes.
Legal malpractice cases are difficult to evaluate on your own
Legal malpractice cases are inherently complex. You are not just establishing that your attorney made a mistake; you are also demonstrating how the outcome would have been different. Whether deficient advice constitutes malpractice depends on facts that are not always easy to assess independently.
An experienced legal malpractice lawyer can help you determine whether what happened to you satisfies the threshold and what your options look like from there.
]]>On Behalf of Phillips, Silver, Talman, Aframe & Sinrich, P.C.<![CDATA[When must employers pay final wages in Massachusetts?]]>https://www.pstas.com/?p=649622026-06-11T08:57:47Z2026-06-11T08:57:47ZKnowing the deadline
If your employer terminates you, they must pay all wages owed on the day your employment ends, unless the separation involves a suspension resulting from a labor dispute. If you resign, the amount owed is due in full on the next regular payday. Your employer cannot delay final payment because of a payroll problem, an internal disagreement or an unresolved paperwork issue.
Reviewing what your last check should include
The check should include all compensable hours worked through your last day. It may also include earned commissions once those amounts are definitely determined, due and payable. If your company provides vacation time, unused vacation available under the policy or agreement is treated as wages at separation.
Not every workplace benefit receives the same treatment at separation. For instance, accrued sick time is not automatically paid out like vacation time.
Responding to missing wages
If your final pay is late or incomplete, preserve relevant records before dates, hours and payment details become harder to confirm. Keep copies of documents that may show what you earned and when your job ended, including:
Your last pay stub
Time records
Your termination or resignation date
Written pay, commission or vacation policies
Emails or messages about missing amounts
These records can help show whether the employer missed the deadline and whether they left out any money you earned.
Protecting your final paycheck
A late final paycheck is more than a payroll inconvenience. Under the Massachusetts Wage Act, missed deadlines expose an employer to mandatory triple damages, court costs and attorney fees. Reviewing your records early can help you identify what the company still owes and determine whether further action may be necessary.]]>On Behalf of Phillips, Silver, Talman, Aframe & Sinrich, P.C.<![CDATA[How a probate can stall a closely-held company in Massachusetts]]>https://www.pstas.com/?p=649602026-06-01T15:39:16Z2026-06-01T15:39:16ZFreezing operations
When your closely-held company has to go through a probate, it can essentially undergo an operational paralysis. Banks may freeze business accounts held in your name or require your signature, which can halt payroll and vendor payments.
No one can sign new contracts or renew leases until the court officially appoints a Personal Representative (PR). The ambiguity around who is in charge can create uncertainty among your employees and clients. These factors can ultimately prevent your company from moving forward after you pass.
Leaving a voting and management gap
Until the estate is opened, the heirs of a closely-held corporation cannot vote the shares. This can delay major corporate actions and the election of new directors.
Even if you left behind a will, it can take weeks or months to get Letters of Authority, especially if there are court backlogs. Moreover, the court-appointed PR may not have the expertise to run the specific industry, leading to poor management decisions.
Safeguarding your legacy
Protecting a closely-held company from the delays of probate means taking proactive legal steps while you are still healthy and at the helm. Creating an estate plan can provide your surviving shareholders with a clear roadmap for transition. A lawyer can help you review your options to ensure the business you built continues to thrive without interruption.
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