Areas of Practice

• Formation and Choice of Entity
• Strategic Planning
• Employment Law Matters
• Negotiation/Preparation of Business Contracts
• Purchase and Sale of Businesses
• Stockholder Agreements

Whether you are an existing business or starting a new business one of the first steps in going into business is choosing the correct business structure.  As the experts in business law in Weymouth, we can help you with all aspects of your business including strategic planning of the business before, during and after formation.  How your Massachusetts business is structured is important because it will have a significant impact on the business’ tax liability, management and the personal liability of the owners.  We will draft any and all documents needed such as custom operating agreements, Articles of Organization, annual reports, annual minutes as well as obtain the federal Tax ID number (TIN) and file the necessary documents with the Secretary of State.  We can handle and help business owners, partners, and employees navigate the following:

Employment contracts, Partnership agreements, Shareholder agreements, Non-disclosure agreements, Vendor or subcontractor contracts, Independent contractor agreements, Purchase and Sale of Businesses and Stockholder Agreements.

When things do not go as planned, we can help individuals and businesses get a fresh financial start through filing bankruptcy in Weymouth through Chapter 7 or 13. See below or contact us at 781.340.9505 for more information about both.

An estate plan is a set of directions that you leave for your family and loved ones directing them what to do in the event of your death or incapacity. An estate plan consists of various documents executed by you during your lifetime. Many estate plans include Wills, Trusts, Health Care Proxies, Living Wills and Powers of Attorney.

Last Wills and Testaments
A Will or Last Will & Testament is a person’s written declaration of how an individual wants their assets distributed after their death. The laws surrounding the validity of Wills are unique to each state. Therefore, a Will must be executed in accordance with the laws of the state in which it was executed.

What happens if I die without a Will?  If you die without a Will, the intestacy laws of the Commonwealth of Massachusetts will determine who inherits your assets. If you die without a Will, you are said to have died intestate.

Durable Powers of Attorneys
Can my power of attorney act even after my death?

No, once you have died and the person you have named as your attorney has notice of your death, the power of attorney is no longer valid. It dies with you. Upon your death, your assets then become part of your estate and are distributed in accordance with your Will.

Health Care Proxies
Is a legal document that designates another person (a proxy) to make health care decisions in case a person is rendered incapable of making his or her wishes known. The health care proxy has, in essence, the same rights to request or refuse treatment that the person would have if he or she were capable of making and communicating decisions.

Living Will
A Living Will concerns your health care. It is a statement that you do not want your death artificially prolonged if you have a terminal illness or injury, your death is imminent and the medical treatment you are receiving is prolonging the dying process. In that event you wish to be removed from life support except for medication to alleviate pain and suffering. In Massachusetts, a Living Will works in conjunction with a Health Care Proxy. The Living Will provides guidance to your Health Care Agent if your Health Care Agent is ever called upon to make a life or death decision.

Revocable and Irrevocable Trusts
Despite what you may hear at cocktail parties, trusts are not the panacea of the estate planning world. One trust does not solve all of your estate planning problems. What is written in the trust – the terms of the trust – will dictate the purpose of the trust and how the trust is to be administered. Some trusts are drafted to minimize estate tax planning. Other trusts are written to provide administration of trust assets for minor beneficiaries until they reach certain ages, such as age 25 and 30. A trust can be changed by a simple amendment to the trust or, in the case of many changes, by amending and restating the entire trust document.

Asset Protection Planning is very important and changes from year to year
You need to evaluate and make changes to your estate planning documents as your life situation changes.  You can make changes to your Will either by executing a new Will or by executing a Codicil to your Last Will & Testament. Do not simply hand write changes to an existing Will. In most instances the handwritten changes will not be recognized as valid and may result in extra legal costs to probate the Will. They may also lead to disputes between heirs.

A trust can be changed by a simple amendment to the trust or, in the case of many changes, by amending and restating the entire trust document.

Professional Support for Matters of Probate Law in Norfolk County, MA

Probate is the legal process that oversees the transfer of ownership from a person who has died, known as the decedent, to the persons named in the will. These people are referred to in legal terms as devisees, while on the other hand, heirs are persons who are designated by law. At Gilbert Law Offices, P.C., we are fully versed in the intricacies of probate law in Norfolk County, MA, and are ready to help you in this area.

The Commonwealth of Massachusetts requires a formal court proceeding that legally determines who is entitled to inherit the decedent’s property. A probate proceeding is used to prove that the will in question is valid and that it was fully executed according to the laws of the State of Massachusetts. When the probate court has recognized the will as a valid legal document, then the court takes the step of appointing an executor and issues a certificate of appointment. The executor can use the certificate to administer the estate, pay off debts, and distribute assets to beneficiaries.

Not only can our firm help you with matters of probate, but we are fully prepared to meet your needs for an attorney to assist you with the administration of estates, guardianship and conservatorship proceedings, and contesting a will.

As a bankruptcy lawyer in Rockland: we are a debt relief agency

We help people file for bankruptcy relief under the Bankruptcy Code.

What Are Chapter 7 and Chapter 13 Bankruptcies?

An experienced bankruptcy lawyer in Rockland will tell you that Chapter 7 and Chapter 13 refer to sections of the U.S. Bankruptcy Code, the federal law governing bankruptcy in America.

A Chapter 7 bankruptcy is known as liquidation bankruptcy. This is when most of a person’s property is sold, and the proceeds are used to pay off his or her debts. A Chapter 7 bankruptcy is generally meant for people with smaller incomes and who do not have the ability to pay back all or most of their debts.

A Chapter 13 bankruptcy is known as a reorganization bankruptcy. A bankruptcy lawyer can explain that the person’s property is not sold when he or she files for Chapter 13 protection. If the person successfully completes a court-mandated repayment plan, it’s still possible to keep the property.

Both Types of Bankruptcy Have These Similarities:

The debtor is discharged from the stated unsecured debts.

Upon filing the bankruptcy, there is a stay of all creditors’ collection efforts.

Creditors meet soon after the filing, and the debtor (or their bankruptcy lawyer) must attend to answer questions.

Both Types of Bankruptcies Have These Differences:

With Chapter 7, the debtor loses all assets other than those considered necessary for basic living. These are called bankruptcy exemptions. Under Chapter 13, the debtor keeps all assets.

Chapter 7 is typically a solution of last resort, where the individual cannot repay a significant portion of his debts. Chapter 13 is a solution where the individual intends to repay all or a large part of the unsecured debts but needs time (three to five years) to do so.

Contact Gilbert Law Offices, P.C. at 781-340-9505 for more information.

Divorces (Contested and Uncontested)

Divorce can be an extremely difficult experience to go through, especially if children are involved. The emotional upheaval of turning one household into two can be traumatic. Making matters worse is the fact that the same financial resources that were previously dedicated to support that single household must now support two households. The guidance of an experienced family law attorney can help alleviate your stress and allow you to achieve your goals in divorce.

At Gilbert Law Offices, P.C., our Massachusetts divorce lawyers will work to understand how you want your life to be after your divorce. We will then apply our extensive skill and exceptional depth of knowledge on divorce to help lay the foundation for the next chapter of your life.

Uncontested Divorce Can Save You Time, Money and Stress

Answering all of the questions necessary for a divorce to be successful can be difficult. Often, people think that they have already figured out everything that they need to for a divorce. This is rarely the case, but it is a positive step toward making your divorce less painful emotionally and financially.

Answering the questions that are part of divorce before you file for divorce will minimize the need for conflict in the courtroom. It is fighting over issues in court that costs so much time, money and causes so much stress. We can help you see what questions you still need to answer. You and your spouse can work out those issues, and when you have, we will be happy to file the paperwork for your divorce with the court.

Even if all of the questions cannot be answered, coming to agreement on as many issues as possible will help your divorce move forward as quickly and as painlessly as possible.

Divorce Mediation Services

Resolving couples and family-related disputes either prior to or during and after the divorce process.

Resolving couples and family-related disputes either prior to or during and after the divorce process.

Is a confidential voluntary form of structured negotiation designed to help clients reach an informed agreement with the assistance of an impartial mediator.

Major benefits:

• Saves time and money;
• Reduces conflict between the parents which helps to diminish the damage to children of divorce and
• Minimizes conflict resolution

1. Distribution of Property (Assets/Liabilities)
2. Child Custody and Parenting Time
3. Child Support/Maintenance
4. Retirement
5. Taxes

In mediation, the couple, with the help of the mediator, works out agreements on the above issues.  It is the mediators job to keep the lines of communication open and assist the couple in the decision making process. Mediators help keep the couple focused on the issues at hand, trying not to get them off track.

Mediation is flexible and confidential. It gives you and your spouse a way to settle the conflict between you in a way that helps you to work together as parents. This is extremely important if you have children and must interact with your ex-spouse after you are divorced. Lack of communication may have been one of the main reasons for their divorce. Mediation has the ability to help the couple learn to communicate again, if only for the sake of the children, and make their post-divorce relationship better than their married one.

A divorce mediator is neutral and doesn’t “work” for either parent. That means the mediator can not give advice to either party. They must remain neutral no matter what the situation.

The mediator can assist the divorcing couple in formulating ideas that can eventually lead to a mutual agreement.  Because both spouses are working with the same base of information, it usually takes far less time to negotiate a resolution that makes sense to both spouses.

Mediation is voluntary. It continues only for so long as all three of you – you, your spouse, and the mediator – want it to. Mediations can be conducted weekly, every two weeks, monthly or how ever often the couple wants them to be.

Domestic Relations

Our firm can handle the ever-changing complexities of domestic relations law:

• Divorce Mediation Services
  • Resolving couples and family-related disputes either prior to or during and after a divorce
• Divorce, contested and uncontested
• Alimony/spousal support
• Child support
• Property division
• Child custody/visitations
• Restraining orders
• Paternity Action
• Modifications and enforcements
• Premarital and postnuptial agreements
• Removal

Child Support Cases

Child support is a necessary part of divorce when children are involved. Noncustodial parents bear an obligation to contribute to the financial support of their children. The financial resources that are provided through the payment of child support are often a key element of the children’s household budget. Without the benefit of that support, the children may be put in an economically challenging situation.

At the same time, the noncustodial parent cannot be overburdened either, as he or she needs to have sufficient resources to provide for their own household.
At Gilbert Law Offices, P.C., our Weymouth child support lawyers understand the balance that needs to occur between the needs of the children and the ability of the noncustodial parent to pay. We are committed to helping our clients secure child support levels that are appropriate for their situation.

What Do the State Child Support Guidelines Look At?

Child support is determined by guidelines used by the courts in deciding the amount of the payment. These guidelines look at such factors as:

• Income
• Health insurance costs
• Child care expenses

Determinations of these factors are often very straightforward. The only time that it is not is when someone is self employed, a contractor or a freelancer. If questions exist as to income, we will work to ensure an appropriate determination is reached.

Child Custody Disputes

When determining what type of child custody arrangement is appropriate for a family, the court will always look to serve the best interests of the child or children. The court will also begin from the standpoint that the active participation of both parents in their children’s lives is something to be encouraged.
At Gilbert Law Offices, P.C., our Weymouth child custody attorneys know how important it is for parents that they maintain the quality of their relationship with their children. We understand that each family’s situation is unique, and we work to make sure that your family’s child custody arrangement will be a good fit for your lives after divorce.

Types of Child Custody

There are two forms of child custody that make up a parenting plan:

Legal custody – Is the right to make decisions regarding how your child is being raised. Education, health care and religion are the larger issues that typically are part of legal custody.

Physical custody – The parent that a child resides with is referred to as their custodial parent. The parent who has child visitation rights is referred to as the noncustodial parent.

Both forms of custody may be held by a single parent, i.e., sole custody, or by both parents, i.e., joint custody. It is a common arrangement in many parenting plans that both parents share legal custody and the children live with one parent, the custodial parent, and spend time with the noncustodial parent.

Post-Divorce Modification Actions

If a change has occurred in your life that is making your divorce decree too difficult to comply with, a knowledgeable family law attorney can help. At Gilbert Law Offices, P.C., we provide exceptional divorce modification services for our clients throughout Massachusetts. You do not have to be overwhelmed by your court orders if they are putting too much stress on your life.

Contact our law firm to find out more about modifying your divorce decree. We will show you the options available to you and lay the foundation for a solid plan that will let you move on with your life.

Experience Changing Court Orders in Massachusetts

If you feel as though there has been a significant change in your circumstances following your divorce, it may be possible to modify your divorce agreement. We will carefully analyze your situation and help you to modify many areas of your decree, including:

• Child support
• Child custody
• Visitation and parenting time
• Spousal support

The laws regarding modifications to court orders are constantly changing. It is crucial that your attorney stay up to date on these changes and inform you of the impact that a new law will have on your case. We are constantly monitoring new laws, such as the Alimony Reform Act of 2011, in order to best serve you.

Enforcing Your Divorce Decree

If your ex-spouse is not living up to his or her end of the bargain regarding your divorce decree, he or she could be in contempt of court. Our experienced Norfolk County lawyers know how to properly pursue these actions in front of a judge in order to have your divorce decree complied with. You can rely on us to see to it that your rights are protected.

Let us help you with any issues that may arise in your day to day business such as Wrongful Termination, Sexual Harassment, Employment Discrimination, Employment Contracts, Non-Competition Agreements and Family and Medical Leave Act (FMLA).

Being injured due to the negligence of another party can certainly be overwhelming, that’s why we are here to assist you. We will take the lead in the negotiations with the insurance companies and any other parties involved.

Our firm aggressively pursues claims involving automobile accidents, slip and fall accidents and property damage. Factors involved in evaluating each case includes medical expenses, loss of income, any future treatments needed and permanent or partial disability.

We represent both Residential and Commercial clients in proceedings and transactions that involve: Real Estate trusts, Homesteads, Purchase and Sale Agreements, Lease Agreements and Mortgage and Real Estate Closings.