CasesEnforcement of Antenuptial Agreement Michael B. CosentinoSituation This was a second marriage for both parties. It was the intention of both parties to leave to their respective children any and all assets which they owned prior to the marriage. At the time of...
Archives
Posts for 'Michael B. Cosentino'
Enforcement of Antenuptial Agreement; WCN Represents Beneficiaries of an Estate
CasesEnforcement of Antenuptial Agreement; WCN Represents Beneficiaries of an Estate Michael B. CosentinoSituation The parties dated for five years prior to marrying and had an understanding of each other’s assets. In 1987, immediately prior to the marriage, the...
What is an in terrorem clause? Its Importance in Estate Planning
Thinking of including your grandchildren in your estate plan? Discover key strategies and considerations, from tax implications to trusts, to help you achieve your estate planning goals.
Liquidated Damages Clause in a Commercial Lease is Enforceable
Upon further review by the Supreme Judicial Court (SJC), the court found that a liquidated damages clause in a commercial lease that entitled a landlord to nearly five years of rent payments after a tenant’s breach of the lease was enforceable as liquidated damages...
Massachusetts Fiduciary Duty Rule Applies to Both Investment Advisors and Broker-Dealers
The Massachusetts Supreme Judicial Court (SJC) has extended the state’s fiduciary duty rule that applies to investment advisors to also cover broker-dealers that operate within the Commonwealth of Massachusetts. In Robinhood Financial LLC vs. Secretary of the...
Is an Offer to Purchase Real Estate Binding?
For the past two years, the residential real estate market in Massachusetts has been setting records. The most recent data released by the Massachusetts Association of Realtors (MAR) indicated the median price for a single family home rose over 12% to $617, 750. The...
The Importance of a U5 to Financial Advisors
Under the applicable Financial Industry Regulatory Rules (“FINRA”), whenever a registered representative is terminated from a broker-dealer (“BD”), registered investment advisor (“RIA”) or other type of issuer of securities which is a member of FINRA, the firm is...
Is It Time to Arbitrate Your Dispute?
Due to COVID-19, most courts across the country (both state and federal) are closed. In Massachusetts, the courts have remained open only for emergency matters. Unfortunately litigation does not just stop. Business owners and individuals still have disputes that need...
WCN Posts