Newsletters

In OneLaw’s March newsletter, Attorney Peter Hahn discusses cases in the Massachusetts Juvenile Court, and Attorney Chiara LaPlume considers the current state of the residential real estate market.

Read the full March 2023 newsletter HERE.

The text version is below.

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Spring is upon us. I hope you are enjoying it.

Recently I received quite the blast from the past in the form of a voicemail: “I’m a very old client of Peter Hahn’s from 2010… I thought he might be interested to know he inspired one kid to go to law school.” Years ago I represented a 10 year old boy in Juvenile Court. Now he’s on the way to becoming a lawyer. Life really does surprise in interesting ways.

In this newsletter, I explain the types of legal matters that are heard in Juvenile Court, and Attorney Chiara LaPlume shares her advice on the state of the current real estate market.

As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (http://one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq.

Founder & Owner of OneLaw

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Behind Closed Doors in Juvenile Court

by Peter A. Hahn, Esq.

Almost every case in the Massachusetts Juvenile Court is a closed proceeding not open to the public. This is due to the sensitive nature of the proceedings as well as to protect the identity of the children involved. But that also means only the people with a right or duty to participate know what truly goes on. In Massachusetts, there are three main types of cases that are heard in Juvenile Court. Juvenile delinquency matters are essentially criminal cases for minors (prior to a person’s 18th birthday). Much of the substantive criminal law applies but there are also unique laws designed to address the specialized nature of these cases. In Massachusetts, juveniles even have a right to a jury trial. There is a separate “youthful offender” category for more serious offenses for older children, and these cases are open to the public. Care and protection matters involve reports of the abuse and neglect of children and the Department of Children and Families (DCF). The court may order custody of children to DCF and, in certain situations, a parent’s rights may be terminated and the child placed for adoption. These proceedings are different than Fair Hearings, which are administrative appeals of DCF decisions. Child Requiring Assistance petitions may be filed by parents or schools for children deemed runaways, stubborn, truant, or habitual school offenders. The court can provide oversight via the probation department and may place the child in the custody of DCF. I sometimes see special education disputes spill over into Juvenile Court if a school files a CRA for lack of attendance or behavior.

Attorney Peter Hahn represents clients in a range of education law, juvenile and child welfare, and civil rights matters.

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OneLaw’s Holly Vietzke is speaking about Better Legal Writing to the New Hampshire Bar Association on April 5

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The Nature of the Residential Real Estate Market

by Chiara LaPlume, Esq.

We have all heard about rising interest rates and the real estate market changing across the United States.

What is OneLaw noticing?

To start off with, it is undisputed that Covid made most people think about real estate differently, and motivated many to change their living situations – oftentimes by expanding their dwelling size to accommodate working from home, or by moving further away from large cities as commute times became less important. The increase in desire to change living situations was also supported by low mortgage rates. The result was a very seller-favorable real estate market, and a drive-up in home prices.

What do the numbers tell us?

As for volume of transactions, the Norfolk County Registry of Deeds reported in their March newsletter that in February 2023, there were 6,702 documents recorded at the Norfolk County Registry of Deeds, a 35% decrease from February 2022. A total of 909 mortgages were recorded with the Norfolk Registry in February 2023: 53% less than a year ago at the same time, and down 9% from January 2023. Meanwhile, the number of deeds for February 2023, which reflect both residential and commercial real estate conveyances, was 968 for February 2023: a decrease of 11% from February 2022, and a decrease of 6% from the previous month of January 2023. The average sale price in February 2023 was $947,974, a 22% decrease from February 2022 and an 11% increase from January 2023.

Although anecdotal, this is what OneLaw is seeing: clients, whether they are just starting out or very comfortable alike, are still buying, selling and moving. People who can pay cash are still sometimes taking on much bigger mortgages than they need to, in order to keep cash on hand. Others, especially those starting out, are trying to put more money down to keep the monthly payments in check. We are seeing more people applying for adjustable rate mortgages, hoping for more favorable rates at some point over the next several years. The bargaining power of the sellers had decreased: while bidding wars are not unheard of, the offers appear to be more constrained compared to those over the last few years. For example, more buyers are keeping an inspection and mortgage contingencies in their offers, and less buyers are freely giving sellers a long use and occupancy period, which is when the seller’s right to occupy the home continues after the sale closing date.

Above all, the old rule is still true: all real estate is local. We are finding that price drops are affecting some areas more, while barely affecting others. If you have any questions about your residential real estate, feel free to reach out to OneLaw to discuss your specific situation.

Attorney Chiara LaPlume represents clients in residential real estate matters, from purchase and sale agreements to advising condominium associations. She is also a title insurance agent.

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OneLaw is now a member of the Charles River Regional Chamber https://www.charlesriverchamber.com/

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OneLaw represents clients in special education, estate planning, civil rights, residential real estate, student discipline, special needs planning, guardianship, Juvenile Court, civil litigation, child welfare, probate administration, Title IX, criminal, HPO/RO, and related matters.

In OneLaw’s first newsletter, Attorney Peter Hahn discusses resolution options for special education disputes, and Attorney Holly Vietzke shares her advice on The Oops Inheritance.

Read the full January 2023 newsletter HERE.

The text version is below.

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Welcome to OneLaw’s first newsletter!

OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas.

In this newsletter, I discuss resolution options for special education disputes, and Attorney Holly Vietzke shares her advice on The Oops Inheritance.

OneLaw also welcomes Attorney Chiara LaPlume, who joined us in 2023 to represent clients in residential real estate matters.

Whether a current, past, or future client, let us know how OneLaw can help you.

Visit our website (http://one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq.

Founder & Owner of OneLaw

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Resolution Options for Special Education Disputes

by Peter A. Hahn, Esq.

Hopefully you never have a dispute with your local school district about special education for your child. It would be great to have no issue with eligibility, developing an appropriate Individualized Education Program (IEP), and identifying the right type of placement. But where are you to turn if you and the school disagree?

Formal litigation in Massachusetts begins at the Bureau of Special Education Appeals (BSEA). You or the school file a complaint to get the process started. The complaint states the facts of the situation and lists requests for legal relief, such as changes to the IEP or placement, compensatory services, reimbursement for a unilateral placement, an evaluation, or other equitable relief. The complaint must be filed within two years of the event at issue. The case is assigned a hearing officer, who is like a judge. An evidentiary hearing is scheduled. This hearing is like a trial. Whoever filed the complaint has to prove to the hearing officer why the other party did not follow the law and what legal relief should be ordered as a result. Parents are strongly advised to have an attorney for a BSEA proceeding.

Outside of the formal complaint process, the BSEA offers mediation services. Mediation is voluntary and non-binding. A BSEA mediator is assigned to facilitate a discussion with the possibility of achieving an agreement between you and the school district. Mediation typically results in a legally binding written agreement.

There are other types of complaints that may be filed. The Massachusetts Department of Elementary and Secondary Education (DESE) has a Problem Resolution System (PRS) that assesses and investigates complaints about school districts not abiding by their legal obligations, including for special education procedures. PRS issues a Letter of Finding and can require corrective action from the school district. A PRS complaint must be filed within one year of the event at issue.

The Office for Civil Rights (OCR) at the United States Department of Education receives and investigates discrimination complaints, including based on disability. OCR may enter into a resolution or compliance agreement with a school district or seek to take enforcement action. An OCR complaint must be filed within 180 days of the event at issue. Whether or not one of these options is involved, sometimes parents and a school district negotiate and enter into a settlement agreement, which is a written contact with agreed upon terms and conditions regarding the legal rights and responsibilities of the parties.

What dispute resolution option is right for you depends on the situation. You are best to consult an attorney in a timely manner to ensure your legal rights are protected.

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Attorney Peter A. Hahn was named to Boston Magazine’s Top Lawyers List for 2022!

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The Oops Inheritance and How to Avoid It

by Holly Vietzke, Esq.

Children with significant special needs may need a lifetime of care and financial resources that make them dependent on others. Many well-intentioned grandparents and relatives like to leave inheritances to them to ease that burden. And we love them for that! But unfortunately, if not done correctly, it could have the opposite effect and cause more financial hardship for the disabled child.

Leaving an inheritance outright to a person with a disability will jeopardize any public benefits he or she receives. Even if the beneficiary never touches the money, it is still legally in his or her name. That means that the inheritance will displace or offset any government benefits until such inheritance is exhausted, and that is often not the intent of the decedent. The way to avoid this—and protect the inheritance—is to leave the inheritance not to the person but to a Supplemental Needs Trust for the disabled person’s benefit. Such a trust can ensure that the entire inheritance goes to the beneficiaries of the decedent’s choice and is used to supplement—not supplant—the disabled person’s income and benefits. So if you have a child with special needs, and your parents or other loved ones wish to leave your child with an inheritance or distributions under a trust, make sure that you set up a proper Supplemental Needs Trust BEFORE your loved one passes away and then have your loved ones correct the bequest in their will or trust to name the SNT as the beneficiary, not the person.

Attorney Holly Vietzke assists clients with estate planning, special needs planning, probate administration, and guardianships in addition to providing representation in special education and student discipline matters.

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Chiara LaPlume recently joined OneLaw ‘of counsel’ to represent residential real estate clients, from first time home purchasers to seasoned sellers and condominium associations. Attorney LaPlume obtained her Bachelor in Laws from University College, University of London, England and earned her LL.M. from Boston University School of Law. She is a member of the Real Estate Bar Association for Massachusetts and has presented for professional associations.

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OneLaw represents clients in special education, estate planning, civil rights, residential real estate, student discipline, special needs planning, guardianship, Juvenile Court, civil litigation, child welfare, probate administration, Title IX, criminal, HPO/RO, and related matters.

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