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Massachusetts Questions & Answers
1 Answer | Asked in Family Law, Adoption and Child Custody for Massachusetts on
Q: Does a reliquish of rights go I to affect the day it was signed. It was done in front of a notary public and witnesses

It is stamped, signed and dated and filed into court

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 15, 2021

It has to be filed with the Court and acted upon to take effect. If you have second thoughts you really should have counsel represent you!!

2 Answers | Asked in Child Custody for Massachusetts on
Q: Can I talk to my sons doctors/providers about his treatment while emergency temporary custody is with his grandparents?

I was just informed that my sons paternal grandparents filed, and were granted, emergency temporary custody of my son while I was receiving inpatient treatment for my mental health. I also just learned he has been hospitalized for suicidal ideation, which I was not informed of at all. I have always... Read more »

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

It appears that you will need legal representation in a guardianship dispute and you can file a Motion for appointment of counsel by the Court if you are indigent. If you are not indigent then you should engage counsel once you are able to do so. It appears that you will need to take care of your... Read more »

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1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: My mother has court ordered visits of one of my daughters, with the rise of Covid again, I'm not comfortable with it

They have 2 grown children who also live in MA and visit them almost daily, but my mother lives in RI. They aren't cautious, but I don't want to be held in contempt. I've offered video calls and outdoor visits, they won't budge. How do I keep my foot down?

Kimberly Erwin
Kimberly Erwin answered on Sep 12, 2021

I don’t know that you can. If the court order was entered after the start of the pandemic, you most likely need to allow visits. If it was entered previous to the pandemic, I would suggest requesting masks (as well as your other requests) be worn in writing. If they refuse, I would document the... Read more »

2 Answers | Asked in Bankruptcy and Real Estate Law for Massachusetts on
Q: i am a co owner of a property with a mortgage. if i apply for bankruptcy, am i still liable for the mortgage payment?

i am now disabled and cannot work. my income now after bankruptcy is 848. a month.

Robert Simonian
Robert Simonian answered on Sep 9, 2021

If you file for chapter 7 bankruptcy you will not be liable for the mortgage payment. However, if the mortgage is not paid the mortgage company will foreclose on the property. If you are asking if you can live in the property and not pay the mortgage the answer is no. If you do not live in the... Read more »

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2 Answers | Asked in Divorce and Immigration Law for Massachusetts on
Q: Immigration does not recognize 1991 divorce from the DR. Does he have to get a divorce here in MA to be recognized?

Both husband and wife did not have a domicile in DR at the time of the divorce. Now in 2021, he is trying to remarry but immigration states before getting married to someone else he needs proof that one or both needed to reside in the Dominican Republic of which neither lived in DR. Is there... Read more »

Agnes Jury
Agnes Jury answered on Sep 7, 2021

The divorce parties have to comply with the residence requirements of the place of divorce in order for that divorce to be recognized by USCIS. In other words, the validity of a divorce abroad depends on the interpretation of the divorce laws of the foreign country that granted the divorce and the... Read more »

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1 Answer | Asked in Child Custody for Massachusetts on
Q: Our best friend (49) had a child last year. She asked us to sign an emergency guardian proxy. Should we?

The child is now 1 year old. Our friend is 49 and her boyfriend is 53. They are currently together but he was divorced twice. They are asking me and my wife to sign a guardianship proxy. Should we? What is the risk to us?

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

Are you indicating that you are not willing to serve as the child's guardian if needed to fulfil the role? If so you would need to make that clear to the parents so that they can have others in place. In Massachusetts there is a distinction between guardianship and conservatorship as the... Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: My dad was to receive a portion of my mother’s retirement after they divorced. My father passed before she retired. Wha
Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 7, 2021

Are you the Personal Rep for his estate? If so ,Was there a QDRO? The terms of the QDRO should be reviewed along with the Divorce/Separation Agreement.

1 Answer | Asked in Estate Planning, Patents (Intellectual Property) and Probate for Massachusetts on
Q: Is this possible and how can I fix this or what do I do?

My father passed away unexpectedly a couple months ago. June 12th to be exact and a month later after his funeral, I filed intestate probate as he had no will. He had debt and expenses, but his parents took care of it. After legally doing all the paperwork for probate it was done within 3 weeks... Read more »

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

If you are appointed Personal Representative of his estate you can and should obtain information from the Registry of Motor Vehicles about the title and transfer information. If assets or monies were stolen from the estate then you may be advised to pursue the parents depending upon whether the sum... Read more »

1 Answer | Asked in Consumer Law for Massachusetts on
Q: I've been served papers re a credit card debt by mail with no date of service. Wondering how to calculate the 20 days.

I'm also confused about how to properly file the answer. I would appreciate some direction. Thank you.

Christopher Tolley
Christopher Tolley answered on Sep 7, 2021

What is the date of the complaint you received? I would count the 20 days from that date. Your answer should contain numbered paragraphs corresponding to the numbered paragraphs of the complaint. You should also insert any affirmative defenses, such as, this is not my debt, I paid this in full,... Read more »

3 Answers | Asked in Bankruptcy for Massachusetts on
Q: How much will it cost me to file for bankruptcy

$922/mo, $277/rent, $190/utilities. Extenuating circumstances.

Timothy Denison
Timothy Denison answered on Sep 5, 2021

Roughly, $1500-2500

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1 Answer | Asked in Criminal Law for Massachusetts on
Q: Criminal

I went to New Bedford District Court on August 24, 2021 and my Court appointed lawyer with Craig Fries, and I was totally blindsided by him because right before the judge called me,, my lawyer came up to me and said the da and me agreed to 6 months drug screens continued without a finding and then... Read more »

Kim Carnevale
Kim Carnevale answered on Sep 4, 2021

If Probation has issued a warrant for you, then, as you probably know, you can be arrested on that warrant at any time and possibly held on bail pending any Violation of Probation hearing.

Many lawyers offer free consultations and may help you decide what your options are and see if you...
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3 Answers | Asked in Criminal Law and Domestic Violence for Massachusetts on
Q: Can you assist me in sealing my record?
Kim Carnevale
Kim Carnevale answered on Sep 4, 2021

I handle both sealing and expungement of records throughout MA and have helped clients to clear their records. Call my office for a free consultation -

(978) 412-2141

Kim Carnevale, Esq.

Carnevale Law Office

70 Washington Street, Suite 214

Salem, MA. 01982

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1 Answer | Asked in Child Support for Massachusetts on
Q: Can my child support be modified if my income hasn’t changed?

My child support was modified to increase and I never received a court hearing notice nor has my income changed.

Brian Waller
Brian Waller answered on Sep 3, 2021

You should first contact the Department of Revenue Child Support Enforcement Division and have them review your account. Sometimes if there is an arrears balance the amount changes. If you have no arrears, it is possible that the timing of the payments got off track somewhere and they needed to... Read more »

1 Answer | Asked in Child Custody, Child Support, Civil Rights and Probate for Massachusetts on
Q: What do I do if I’m paying child support and being denied visitation rights to my daughter
Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 3, 2021

If you have a visitation order or a Judgment that states the terms of visitation and are being denied visitation , then there appear to be grounds for a Contempt action unless there is something happening which is inimical to the child's best interests in which case the custodial parent... Read more »

1 Answer | Asked in Employment Law, Workers' Compensation and Health Care Law for Massachusetts on
Q: If many former employees are suing the administrator of my job and it's a valid case if I join in would I be fired?

The administrator had us working with no PPE and we all got covid. I still work at the place but people are suing the company. Would I be fired if I joined the lawsuit.

Michael Brevda
Michael Brevda answered on Aug 29, 2021

This is a Workers Compensation question. My specialty is nursing home abuse litigation. Since you were injured in the course and scope of your employment, seek out a Work Comp lawyer. Best of luck.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Massachusetts on
Q: am I entitled to half our house if bought 5 months before wedding?

We have been a couple for 20 years, married 14 years. We lived together for 5 years prior to buying a house 5 months before our wedding. The house was initially in his name because he had better credit at the time. We refinanced recently and I am secondary on the mortgage. Am I entitled to half?

Anthony C. Adamopoulos
Anthony C. Adamopoulos answered on Aug 26, 2021

Maybe, it depends on all of the factors surrounding your divorce and living together prior to marriage. The Judge must consider about 15 factors then decide what an equitable division of all the assets would be.

You want to consult with an experience divorce attorney who will review the...
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1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Real Estate attorney had me sign quitclaim and contract selling properties to my ex, have not received docs with his sig

Met with Real Estate attorney Thursday morning to sign 2 quitclaim deeds and a contract selling my share of joint properties over to my ex husband... He told me not to cash any checks, he would be meeting with my ex to get his signatures later that day, and would send me all signed documents that... Read more »

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

Usually attorneys have clients execute documents and then hold the documents while awaiting checks to be received such as checks from mortgage companies funding refinances for example.

1 Answer | Asked in Probate for Massachusetts on
Q: In Massachusetts, are legal set-offs allowed for settling loan from the estate prior to filing for voluntary probate?

A Massachusetts parent provides an unsecured loan to one son, the remaining principle of which is more than the voluntary probate estate value ceiling of $25K. The other son is executor. The parent's will specifies that the remaining loan should be subtracted from the debtor son's share... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 20, 2021

Your question has many components and demonstrates the need of advice of counsel! Little information is given as to whether this was a promissory note or not , nor when the decedents died in relationship to each other. Masshealth may also have a lien.

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Do any lawyers just offer consults for a flat fee out there? TY
Joseph B. Simons
Joseph B. Simons answered on Aug 20, 2021

Yes, there are a fair amount of us who offer flat fee consultations.

1 Answer | Asked in Personal Injury for Massachusetts on
Q: Good morning. why am I unable to find representation on an assault case? as a plaintiff.

seems as though lawyers only want to handle cases involving corporations or insurance and ignore those who need a lawyer for a person vs person case.

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 19, 2021

If the assaulting individual is not insured which is often the case as insurance coverage usually excludes willful acts and the assaulting person unless seriously mentally ill is acting willfully when assaulting another. Lawyers need to make a living like everyone else and unless the individual... Read more »

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