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Questions Answered by Lillian J. LaRosa
2 Answers | Asked in Divorce, Child Custody and Military Law for Massachusetts on
Q: Can I apply for benefits and support to move out of the marital home with the kids before I file for divorce?

I am financially dependent on my husband. I want to leave. I have $500 SSDI a month. He is military active duty but stationed close by. We have two minor children.

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 17, 2022

There is still such a thing as a Separate Support Petition and you can Motion the Court for counsel fees and child support and custody and visitation orders.

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1 Answer | Asked in Divorce for Massachusetts on
Q: Need to file for divorce wife committed adultery and marriage can't go forward currently I'm not employed and in need of

legal services,

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

Divorce includes analysis of various statutory factors for support and property and debt division. Length of marriage, ages of the parties whether there are children and their ages, the extent and source of assets, comparative income and ability to earn and acquire future capital are among the... Read more »

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Can I be evicted for only owing January's rent? I just got a 14 day notice. I don't owe any rent except for January's.

Today is only the 27th so how is my landlord able to evict me. And he is only did this because I told him I wanted things fixed and I was not going to pay rent until they are fixed. My electric and gas is connected to his illegal apartment on the 3rd floor. The 1st floor is 122 and my apartment is... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jan 28, 2022

This is really a Landlord tenant issue ( an area of legal practice specialization )and not strictly a real estate question. It sounds like you have defenses to non-payment of rent due to non-repair and that there are significant health and building code violations where the City of Town should be... Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: Wife filed for divorce in 2019. What to do to finalize divorce? Husband pays child support for 2 kids

My friends wife filed for divorce, 1B. For covid reason, all hearings were postponed. They had only one zoom hearing 6.06.2021. Judge's decision was for them to get agreement and to provide a paper how they both are going to care of kids. Judge gave them 30 days. Until now wife did not respond... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jan 20, 2022

If the children are unemancipated or minors then there would be child support anyway. The real point is you want to conclude your divorce. You have not stated what type of hearing you had via Zoom. It could have been a pretrial conference and perhaps a trial date is next. Really you seem to need... Read more »

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: Do i need a discovery if I am representing myself in family court?

I am trying to gain full legal and physical custody of my two kids but will be representing myself with the documents I have.

Lillian J. LaRosa
Lillian J. LaRosa answered on Jan 18, 2022

You are not required to conduct discovery, but it is advisable in order to obtain information which may be evidence at the trial of this matter.

1 Answer | Asked in Divorce for Massachusetts on
Q: inheritance placed in a joint account considered marital property in a divorce?

Mother-in-law passed away Jan 2020. Wife had inheritance but did not receive the money until Dec 2021 but placed in a joint account with me. Wife asked for a divorce in Nov 2021 but we are not yet divorced. Is the inheritance, now in a joint account, considered marital property?

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

In Massachusetts all assets are subject to property division and this would include the inheritance recently received by your wife. Depending upon the statutory application however, which includes length of marriage, marital contributions, relative need, ability to acquire future capital, age,... Read more »

2 Answers | Asked in Child Custody for Massachusetts on
Q: What can i do is the father violated court orders?

He has supervised visitation at his mother house and his mother is supposed to supervise him on all three days that he has. I texted his mother to confirm to see he was at the home for his visitation but she never text me back i got worried and i check on my daughter ipad location and she wasn’t... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jan 10, 2022

A Motion to Modify the supervision to a neutral person or entity should be filed with an Affidavit with as much information as possible.

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2 Answers | Asked in Estate Planning, Land Use & Zoning, Real Estate Law and Tax Law for Massachusetts on
Q: I owe real state taxes for the city of Methuen MA Can I set up a payment plan are there any options

The total real state taxes with fees and penalties is around 30000, can a payment plan be in placed so I don’t loose my home and also be on time with my current tax bill

Lillian J. LaRosa
Lillian J. LaRosa answered on Jan 10, 2022

Contact with the town on payment ASAP should be tried to avoid having to deal with tax foreclosure and redemption issues and costs including the town's counsel fees down the road.

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1 Answer | Asked in Real Estate Law for Massachusetts on
Q: my grandparents left my uncle and mother property in NH. My mother recently passed away and I have a court date that m

he wants me to have no rights. i'm not on the will but guess have rights to half the property. is that true

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

There is not enough information to truly answer your question other than to say that the Will is an important instrument which could well address the issue of the interest in real estate and it is also unclear where your mother was a resident- Massachusetts? New Hampshire? as the State of her... Read more »

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: If a quitclaim deed is altered before filing(crossed things out& wrote in something different)does it void the document?

I can email a copy of the quitclaim deed in question. I'm hoping the 'edits' that were made by grantee without my knowledge will void the document altogether.

Lillian J. LaRosa
Lillian J. LaRosa answered on Dec 31, 2021

Insignificant edits would normally not be a problem, but if there are truly changes made in the essence of the grant, then there could be a cause of action . Sometimes the Registry of Deeds will not accept a document which is changed for recording. Was the deed recorded?

2 Answers | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: Do I have to provide information to my child’s father if he hasn’t been in their life for over 6years?

My child’s father has not been in their life for over 6years. During that time I have had them full time with no help from him in any way. He does not pay any child support. He does call about once a month. Recently he has been asking for their information everything from school/medical records... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Dec 31, 2021

There sounds like a lack of relationship over a lengthy period of time and the Court is sensitive to the effect of father's suddenly attempting to regain contact where there had been no regularity. Asking for contact information about other people is indeed odd and really not your information... Read more »

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1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: asking for my daughter who is in a bad situation in a marriage with a 2 year old and cannot afford a lawyer

not sure if this question got through previously but my daughter is in a very emotionally abusive situation with a husband of almost 6 years that has complete control over all assets and resources and has a young girlfriend that he stays with during the week in another part of MA. Since everything... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Dec 23, 2021

There are pro bono attorneys such as through the Volunteer Lawyers project of the Boston Bar Association and the major law schools have law clinics which may be a route. She has obvioulsy rights not to be abused and there would be child support orders for the child. If this is a brief marriage... Read more »

1 Answer | Asked in Probate for Massachusetts on
Q: My Dad died with a will leaving everything to my stepmother. Can't I still inherit part of his estate?

She just sent me a legal paper to sign giving up my rights to any of his holdings. He still owes my mother $80k for back child support.

Lillian J. LaRosa
Lillian J. LaRosa answered on Nov 17, 2021

So, did your mother pursue a Contempt action to establish the arrears? Is she living and able to pursue the claim against her former husband's estate? If not, are you the Personal Rep of her estate? You really need to discuss the whole issue with a Probate attorney ASAP as there is a one year... Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: If I am the sole manager of an LLC with an asset (property), during a divorce would that company (and asset) be jeopard?
Lillian J. LaRosa
Lillian J. LaRosa answered on Nov 10, 2021

Assuming this is a Massachusetts divorce and if your question is whether your interest in the LLC is an asset to be divided by the Probate & Family Court in property division in a divorce, yes is the answer. However, the allocation by the court still depends on the statutory factors so... Read more »

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: I own a rental property which only has master insurance. An adjoining unit had a water leak that caused damage to my

unit. The other unit insurance adjuster has said that there is no negligence on the owner of the unit so no liability reimbursement required. The water clearly came from the other unit. Do I have a legal recourse here to sue for damages? Thank you.

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 27, 2021

This is really more of an insurance issue than a real estate question. Some people hire independent adjusters to deal with claims for property damage.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: My home was shot up with me and my kids in side. Then 3 days later it happen again but we were not in the house the

Second time. I provide a written letter on how we were told by the police to not go back and it was unsafe. Now they are trying to collect for un paid rent and damages from the bullets and the condition of the home. Can I appeal due to General Rules

Section 8-112 - Termination of tenancy... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 22, 2021

You need Landlord Tenant counsel rather than real estate counsel.

1 Answer | Asked in Real Estate Law and Probate for Massachusetts on
Q: My father owns a home but does not live in it, my sister is living In it. My dad has a will and leaves estate to both

of us. how does my sister living in this house currently impact that? does she have rights to keep the house and not sell if my dad passes?

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 18, 2021

The terms of the Will govern and whether or not there are debts and liens to be paid by the estate are also considerations for the Personal Representative. If the property is left to both of you, you can also seek reasonable rents. Sometimes the other devisee is interested in purchasing the other... Read more »

2 Answers | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Massachusetts on
Q: Hello, I'm have an issue with a landlord that is not returning a deposit and it has been well over 30 days.

It was a month to month lease. No Damages. She has retained a lawyer. I have reached out to him, given him details last week via a text, he has not not responded to my calls or messages.

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 14, 2021

You have a consumer protection violation and should seek this type of legal representation as landlord's failure to respond with an appropriate settlement within the period of the 30 days from date of receipt of the claim properly made is also actionable and you may be awarded reasonable legal... Read more »

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1 Answer | Asked in Divorce for Massachusetts on
Q: Spousal support Asked in no fault divorce In Mass by affluential husband (earning nearly 200k)unnecessarily

My 6 figure earning husband is asking for spousal support from me after filing no fault divorce in Mass. He deserted me 2 yrs ago and we were only married for 1.5 yrs married (no kids, no property, no joint money). He is well educated and has fancy tech job. As a woman, i was told that i cant ask... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 7, 2021

Spousal support/alimony is statutory and limited by length of marriage and time cohabiting prior to same as well as income differential based on your facts as you have presented it does not look like a viable claim. However, you should still be represented by counsel in a divorce proceeding ,... Read more »

2 Answers | Asked in Family Law and Child Custody for Massachusetts on
Q: Does a lawyer have to file a notice of appearance before a court date?

Can someone just show up to court with a lawyer that they previously did not have?

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 21, 2021

Basically you can hire counsel as long as you find one who will take your case. Occasionally counsel is brought in late in the proceedings and asks for a Continuance which the Court can allow. This may be the concern you have- delay of the proceedings. Occasionally counsel brought in may have a... Read more »

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