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Questions Answered by Lillian J. LaRosa
1 Answer | Asked in Divorce for Massachusetts on
Q: Hi Mr. lowyer I want asking, I married my husband in Jordan country then I came back to Boston I received a massage

The massage said he loves another woman from Jordan and he married me just to come to Boston then he will divorce me after he comes to Boston, so I want divorce him because he cheated me and lying on me. Please if you can respond my massage and help me to divorce him .

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 27, 2022

If you and husband never lived together in Massachusetts then you may still be able to divorce him in Jordan depending upon its laws on the subject.

1 Answer | Asked in Elder Law for Massachusetts on
Q: I was sent a demand letter from my father's Nursing Home Attorney. Demand payment of his balance with a Chapter 109A .

Uniform Fraudulent Transfer Act. My dad was a resident at Life Care Center Billerica, MA from May 25, 2021 - July 11, 2022(death). I had him transfer House deed to me and my sister in Sept 2021 recorded on 10/8/2021. His balance is 8,600. I was aware of the balance, however, explained how he has... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 26, 2022

So, there was a house transfer close to the date of death and includable in the lookback period so that there probably would not have been Medicaid/MassHealth eligibility . Contact a Medicaid specialist on this issue ASAP to present your set of facts to see if there is something recommended at... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for Massachusetts on
Q: I got served divorce papers an never responded. Never new when court was he got awarded everything. Can it be changed?

He never told me when court was never knew. He got the house an full custody. He never told me. I found out I was legally divorced because I got kicked off his insurance. Can anything be changed with my property?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 12, 2022

Why did you not respond? Were you in the hospital the entire time??

1 Answer | Asked in Divorce for Massachusetts on
Q: Are the spouses of the divorce permitted to cancel the case prior to the final trial or select the broker?

In this case, both lawyers decided to sell the property (house), and select the broker. They agreed to give the spouses 5% of the house value to get an apartment and keep the remainder in escrow until the case is finalized because the spouses disagree on the percentage split. Will the escrow... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 6, 2022

You would need to notify your counsel that this deal may not be viable due to the lack of income for an apartment and you have not stated what State you are in so the laws of that State are applicable with regard to child support and alimony.

1 Answer | Asked in Child Custody for Massachusetts on
Q: My son is incarcerated and due to be released November 1, 2022. He is divorced and has one son. His ex wife has since

remarried. Her husband is petitioning to adopt his son. My son wants to object but needs pro bono work as he has no money. Is there someone in the Worcester County family court that can help him pro bono? Thank you

Patty

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 6, 2022

He can file a Motion where the Adoption is pending for Appointment of Counsel based on Indigency and that he is objecting but needs legal assistance in preparing objection if that is the situation.

1 Answer | Asked in Probate for Massachusetts on
Q: HUSBAND DIED with no will then WIFE DIED 2 months later WITHOUT CLAIMING INHERITANCE, who inherits the deceased husband?

MASSACHUSETTS - HUSBAND DIED with no will, and his WIFE DIED 2 months later WITHOUT CLAIMING INHERITANCE of husband, can the SIBLING OF THE DECEASED HUSBAND inherit him? The husband had NO children and parents NOR does the wife.

Did the wife AUTOMATICALLY get the inheritance, or did she... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 2, 2022

Assuming the decedents were Massachusetts residents and there was no Will and that the husband had no children from a prior relationship, the wife would still be the heir . If there was a Will excluding her you have not so stated.

1 Answer | Asked in Family Law and Probate for Massachusetts on
Q: My step mother had contacted me 3 years after my dads passing for myself and my sister to sign to make her executer

When my dad passed away 3 years ago he had no assets including house cars or property. She had randomly reached out tonight asking us to sign and make her executer of his “estate”. How should we proceed?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 2, 2022

First of all , was he a resident of Massachusetts? If so ,Is it a Late and Limited Petition? Because a regular estate post 3 years is not available. The Late and LImited Petition is just that- a filing to determine title to assets inasmuch as the 3 years post date of death has passed.

1 Answer | Asked in Divorce and Child Support for Massachusetts on
Q: Can I deny my wife's request for an increase in child support since we are still married and do not have a court order?

I am married, but have been separated from my wife for 15 years. We have two children together, so I have been paying child support per a verbal agreement between my wife & I. She has raised my payments many times over the years any time her rent increased. Now, both children are over 18 and... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 30, 2022

You are not under any Court Order and there is no proceeding pending in any Court correct? Then everything you have done is voluntary and the longer you stay married the more complicated your divorce get!!! If you die then she is your heir!!! Get a lawyer contact pro bono law school programs.

1 Answer | Asked in Real Estate Law, Estate Planning and Landlord - Tenant for Massachusetts on
Q: What is the easiest way to do a lease to own from parent to son?

I am downsizing and my son/wife want to own my home and we discussed 2 year lease. I am not sure how it works. What do I need to do? Do I become a landlord?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 23, 2022

There can be a Lease and a separate Option to Purchase instrument. It is unclear if you want a Right of First Refusal or an Option with a price setting mechanism.

1 Answer | Asked in Divorce for Massachusetts on
Q: During separation, Is my soon to be ex able to cash/deposit the proceeds from the sale of our home without my consent.

My wife of 30 years and I are getting a divorce. Mediation broke down and we are currently selling our house. She wants more than 50%. Without a mediation agreement in place, is she able to deposit or cash the check without my signature? I live out of state? I hope to have a mediation agreement in... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 22, 2022

You and wife were living in Massachusetts correct? This is what I am assuming. Are you on the Deed? If there is no divorce complaint on file with the Probate Court, the closing attorney would make the check payable to the title holder. Your filing and serving a divorce complaint and summons on your... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Arbitration / Mediation Law for Massachusetts on
Q: I drove a girlfriend's car cross country for her to drive there. She broke it off and jerking me around

What should I do to stay out of trouble? She is not cooperating.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 15, 2022

Not sure what your question is. The relationship is over so don't contact her anymore, don't contact her friends or relatives and stay clear of any stalking type behavior or aggression to avoid legal problems.

1 Answer | Asked in Divorce for Massachusetts on
Q: Hi am trying to find legal counseling for divorce
Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 4, 2022

It would be helpful if you were to indicate what county you and spouse have been living in.

1 Answer | Asked in Probate for Massachusetts on
Q: I'm the executor of my uncle's estate. 6 years ago I negotiated a promissory note for the estate. 2 beneficiary opted ou

I have the final note payout do I pay them?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 2, 2022

Is the final payout due under the note's terms? If so, yes!

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Massachusetts on
Q: I let my 17 year old son go from Massachusetts to North Carolina to visit his father his father agreed to bring him home

now his father is telling me he's no longer going to let him come home what are my rights I've been raising him for the last 17 years and his father owes over $100,000 in child support in Massachusetts what can I do to get my son back legally?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 1, 2022

If you are the primary custodial parent he is in Contempt and a Contempt Complaint should be filed in the Court where your custodial orders were established ASAP with a Motion and Affidavit for Emergency hearing to have the child brought back to Massachusetts also potentially has also violated... Read more »

1 Answer | Asked in Real Estate Law and Probate for Massachusetts on
Q: Husband died with no will, and the wife died 2 months later without claiming anything, whose next of kin inherits what?

MASSACHUSETTS - Husband died without will and then his wife died 2 months later. The husband has no children and parents, only a sibling nor does the wife. Did the wife automatically get the inheritance, or did she need to follow a procedure to get it within some days? Does the inheritance belong... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 29, 2022

Were they domiciled in Massachusetts ?Did the death of husband happen after March 2012? Neither had any children? A post March 2012 death brings the Massachusetts Probate Code into the response so that if husband had no children then surviving wife would take all if no Will.

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: Can a probation officer from probate court take away court ordered visitation?

I volunteered for a probation officer to investigate my custody dispute currently I'm court. I currently have visitation that is ordered from the judge. I take random urines and there was a problem with the system and it reported I didn't have a urine and the probation officer said I did... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 26, 2022

It sounds like something is amiss and you should have legal representation in this important matter which you have tried to handle pro se to your detriment. You may seek a hair follicle examination via Motion citing the information you have given in this question, but your ability to navigate the... Read more »

1 Answer | Asked in Estate Planning and Probate for Massachusetts on
Q: My God mother died recently and gave me instructions to send money to one of my kids. I sent it 2 days after she died.

She verbally left everything to me and her partner and family agrees

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 25, 2022

If your godmother was domiciled in Massachusetts she needed to have a Will ( nonverbal- in writing ) with suitable witnessing , etc. so, you have acted without authority in any event and it is up to her heirs or potentially other creditors as to what they wish to do against you for taking the... Read more »

1 Answer | Asked in Family Law and Probate for Massachusetts on
Q: How can I retrieve money from bank that is in my deceased brothers name, No wife or kids. I'm it. No death certificate

I am left from my family. My brother never married or had children. He passed in 2011. A bank in Boston has money of his. How can I retrieve it?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 15, 2022

You will need to follow the process for a Voluntary Statement filing in the Probate Court for the County where your brother was living and you will also need to obtain his death certificate which the funeral home can help you with and you can also contact the town where he died .

1 Answer | Asked in Divorce, Family Law and Child Custody for Massachusetts on
Q: How do I go about getting an expedited contempt hearing?

My ex has primary custody of our kids. They live in filth and squalor, sleeping in beds with moldy food, used tampons, etc. I have video and photographic evidence, along with my ex admitting to the conditions in text messages, asking me to help clean, and stating, "I can't put all my time... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 13, 2022

It does sound like neglect from your description of the children's living situation and the DCF can be contacted to investigate. They will know a divorce is pending and that you are a party. Is this a new distinguishable state of affairs in the household ? One of the questions that will be... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Massachusetts on
Q: I am living in a house that was just sold do the new owners have the right to do renovations in or outside of house
Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 14, 2022

Do you have a lease which states notice times for inspection and repairs if the interior is being renovated ? Normally exterior repairs would not affect your tenancy.

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