Free Consultation: (917) 740-1776Tap to Call This Lawyer
Michael M Marques

Michael M Marques

Free Consultation (917) 740-1776
  • Estate Planning, Tax Law, Probate ...
  • Massachusetts, New York
Badges
Claimed Lawyer ProfileQ&ABlawg SearchSocial Media
Biography

Michael M. Marques is the founder and principal attorney of The Marques Law Firm, PLLC. The firm focuses on estate planning, wealth preservation, tax audit, business formation as well as internet, eCommerce and personal injury.

Michael was previously with the Law Offices of Kiepura & Associates, a sophisticated boutique law firm focused on personal and corporate tax and finance law. Michael has represented numerous clients on a wide range of issues from comprehensive estate plans to large Internal Revenue Service and state audits.

Education
Assumption College
B.A. | Physics and Political Science
Honors: Honors
Placeholder image for education.
College of Saint Rose
MBA | Business Management, Business Admininstration
Honors: Honors
Placeholder image for education.
Albany Law School
J.D. | Estate Planning, Taxation
Albany Law School Logo
Professional Experience
Principal and Founder
The Marques Law Firm, PLLC
Current
Associate
Law Offices of Kiepura & Associates
-
Law Clerk
Office of the New York State Attorney General
-
Awards
Accredited Business
Better Business Bureau (BBB)
Client-Reviewed
Martindale-Hubbell
Five Stars
Professional Associations
Federal Bar Association
Member
Current
Placeholder image for professional associations.
Massachusetts Bar Association
Member
Current
Placeholder image for professional associations.
Boston Bar Association
Member
Current
Placeholder image for professional associations.
American Bar Association
Member
Current
Placeholder image for professional associations.
New York State Bar Association
Member
Current
Placeholder image for professional associations.
New York City Bar Association
Member
Current
Placeholder image for professional associations.
Saratoga Bar Association
Member
Current
Placeholder image for professional associations.
New York State Trial Lawyers Association
Member
Current
Placeholder image for professional associations.
Jurisdictions Admitted to Practice
Massachusetts
Massachusetts Board of Bar Overseers
Placeholder image for jurisdictions.
New York
New York State Office of Court Administration
Placeholder image for jurisdictions.
United States District Court of Massachusetts
Placeholder image for jurisdictions.
United States Tax Court
Placeholder image for jurisdictions.
Fees
  • Free Consultation
    Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
  • Rates, Retainers and Additional Information
    Flat Rate Fees
Practice Areas
    Estate Planning
    Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
    Tax Law
    Business Taxes, Criminal Tax Litigation, Estate Tax Planning, Tax Appeals, Tax Audits, Tax Planning
    Probate
    Probate Administration, Probate Litigation, Will Contests
    Elder Law
Languages
  • English: Spoken, Written
Legal Answers
Q. What should my grandmother do now that she's been scammed out of thousands of dollars by a "friend"?
A: There are a number of options available to your grandmother. Under Massachusetts General Laws, Title II, Chap. 19A, financial exploitation is defined as "an act or omission by another person, which causes a substantial monetary or property loss to an elderly person, or causes a substantial monetary or property gain to the other person, which gain would otherwise benefit the elderly person but for the act or omission of such other person."

Adult Protective Services in your grandmother's area can initiate an investigation. A confidential report may be submitted online at https://www.gsssi.org/adult-protective-services or by phone at 1-800-922-2275.

If there is sufficient evidence (bank statements, letters, contracts, receipts of any kind), your grandmother may be able to pursue a lawsuit against the suspect. This may involve arbitration or litigation to recover any money that may have been taken. You will want to begin looking for a local attorney of your choice in Massachusetts that handles elder abuse cases. Depending on the situation and the condition of your grandmother, you may want to discuss obtaining a Power of Attorney to assist your grandmother with financial matters going forward. The attorney you choose will assist you in that matter as well. ... Read More
Q. I'm a resident in MA who ordered a set of customized pencils; the TX company sent me pens w/o telling me. Can I sue?
A: Yes, you are correct. They did not fulfill the order properly so they are attempting to mitigate the damages for you and the profit loss for them by offering you 20% off the order you did receive. That does not necessarily mean you have to accept. There may be a few options available to you. There are a few factors that I would need to know before providing a more comprehensive answer. Did you already accept the order? How long ago was the order received? Is this a long-term contract with multiple orders already received or a one-time purchase? How large was the order and what was the purchase price? Did you purchase on the seller's merchant credit or simply with your business credit card or online payment? ... Read More
Q. Good afternoon, What is the caretaker child exemption law in Massachusetts and how do I qualify for this? thank you
A: The Caregiver Child Exemption generally enables an elderly individual to transfer their home to their adult child without violating Medicaid's Look Back 60-month period on asset transfers. Under 130 CMR 520.019(D)(6)(d), a transfer of a former principal residence by a nursing home resident to her child for less than fair market value during the look-back period is permissible provided that the nursing-facility resident’s child:

1) was living in the nursing-facility resident’s home for at least two years immediately before the date of the parent's admission to the facility; and 2) who, as determined by the MassHealth agency, provided care to the nursing-facility resident that permitted the parent to live at home rather than a nursing home.

In order to qualify for the exception, the MassHealth agency will request documentation supporting your mother's claim you have resided with her and has been providing care at home. You should be aware that under the 2012 decision by the Massachusetts Court of Appeals, the “Caretaker Exemption” may no longer be applicable to situations where the care could have been provided at home or in an assisted living facility. The applicable case is Maguire v. Director of the Office of Medicaid , where the appellate court stated that the parent and child must demonstrate that the care provided by the child met the law’s criteria for daily assisted living activities. You may want to consult with a local elder law attorney of your choice in Massachusetts for more guidance.

These are a few more resources for you:

https://law.justia.com/cases/massachusetts/court-of-appeals/volumes/82/82massappct549.html

https://secure.ssa.gov/poms.nsf/lnx/0501150122
... Read More
View More Answers
Websites & Blogs
Website
The Marques Law Firm, PLLC
Blog
The Marques Law Firm, PLLC Blog
Contact & Map
The Marques Law Firm, PLLC
867 Boylston Street
5th Floor
Boston, MA 02116
Telephone: (917) 740-1776