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Massachusetts Elder Law Questions & Answers
2 Answers | Asked in Estate Planning, Elder Law and Probate for Massachusetts on
Q: My dad left an irrev. trust&my sister & I are co-trustees. Everything's split 50/50.Is it legal for her to take things

My father passed away and left an irrevocable trust. My sister and I are co-executors and everything is divided 50/50. She has gone behind my back and taken things (of significant value). Is that legal and if not what can I do to stop her? My sister and I have been estranged for many years so there... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 10, 2021

Your probate attorney can help you file a petition to require your sister to account for all assets or to have her removed as executor if she is engaging in malfeasance.

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1 Answer | Asked in Estate Planning, Civil Litigation, Elder Law and Probate for Massachusetts on
Q: Can an alternate designation written on a will (not a beneficiary) supersede the Heirs-at-law?

A second cousin is named as an alternate in a will. The first cousins are the heirs-at-law. The second cousin is contesting the will.

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 28, 2021

If the devisees under the Will are all alive, then it would seem that an alternate designated or conditional beneficiary-devisee would not take under the Will. If the Will is disallowed the heirs under intestacy would take.

1 Answer | Asked in Elder Law, Real Estate Law, Estate Planning and Probate for Massachusetts on
Q: I signed over my home to my grandson . Can I reverse this decision? Is there a time limit to do this
Lillian J. LaRosa
Lillian J. LaRosa answered on Mar 29, 2021

You have not supplied any details as to what the circumstances were and it is possible that you were victimized and coerced into doing so or not competent at the time and may be able to pursue an equity action. Pursuing action sooner is better than later and you don't want to run into any... Read more »

1 Answer | Asked in Civil Rights, Elder Law, Land Use & Zoning and Municipal Law for Massachusetts on
Q: What can I do? My bad neighbor dumped junks (big old larger snow plow and more) to my property 4 days ago.

It is impossible to sell my house with all the heavy junks they dumped into my property. I need to sell my house.

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

Also sounds like a real estate trespass case.

2 Answers | Asked in Contracts, Estate Planning, Real Estate Law and Elder Law for Massachusetts on
Q: My mothers name on the deed to my grandfather's house but his will says its left to me

Would the house still fall under part of his estate

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

While it appears that If the title to the real estate was not in grandfather's name then he already transferred it to your mother and thus does not appear to be in grandfather's estate, but were there other facts??? This question is Not susceptible to a black and white answer without... Read more »

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1 Answer | Asked in Elder Law for Massachusetts on
Q: I was granted guardianship of my 67yo mom who's mentally ill and is an alcoholic.Can I mandate her to go to a 90day prog

The judge did not mandate placement in a long term care facility. She continues to relapse and put her safety at risk and our next court date is not until January 2021. The medical certificate said that she is incapacitated but now an independent medical evaluation was ordered. Can I mandate that... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 22, 2020

If your order does not give you the ability to place her in a facility then you will need to file and serve an appropriate Motion with Affidavit seeking such.

1 Answer | Asked in Estate Planning and Elder Law for Massachusetts on
Q: Does a durable POA need to be registered with the county in MA? My FIL was just diagnosed with mid-stage dementia.

My husband is Durable POA, we need to get my FIL into more suitable housing (without stairs) and found a place, and plan to use a HELOC on his current residence (free and clear) to finance about 25% of the purchase. Then once he’s transitioned we will sell the current residence which will... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 19, 2020

Your question was very confusing but you seem to be asking how to determine if the power of attorney instrument was recorded in the Registry of Deeds? If so, there is a public records check system on line through the Secretary of State's Office. If the document was not recorded it can be... Read more »

1 Answer | Asked in Elder Law for Massachusetts on
Q: My mother died in a nursing home in RI, her mailing address was mine in MA- she had less than $5000-where is probate?
Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 15, 2020

What was the residence listed on the death certificate? Before she was in the nursing home was she living in RI?

1 Answer | Asked in Elder Law for Massachusetts on
Q: Can a sibling stop you from seeing your parent with dementia? parent living in siblings house out of state.

parent living in siblings house , sibling changed house phone to unlisted does not answer cell . Was renting rooms in house. Have no way of contacting parent. I called senior services who is starting home care but they won’t return calls to give updates. So am I supposed to guess that my parent... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jan 3, 2020

You may want to engage counsel in the jurisdiction where the parent is located to see what proceedings you may be able to bring forward at this juncture if Elder Services is not taking action.

1 Answer | Asked in Elder Law for Massachusetts on
Q: If someone becomes the conservator for an elderly person and puts her in a nursing home, does the elderly person have

any rights?

Lillian J. LaRosa
Lillian J. LaRosa answered on Nov 25, 2019

If the Probate Court has determined that the individual needs a Conservator, then there should be a Medical Certificate indicating the need for same and there would have been a legal proceeding unless the disabled person consented to the appointment of a Conservator. A Guardian makes determinations... Read more »

2 Answers | Asked in Real Estate Law, Civil Rights, Elder Law and Gov & Administrative Law for Massachusetts on
Q: in MA an offer was placed on my property on 8/9/19 we are now well passed the 45 days agreed upon for closing.

Closing was set for tomorrow 10/16/19. i have done repairs and updates to the lawful expectations of the original inspection in a timely manner by my agents father who i paid for his services. My real estate agent has not been forthcoming about many items through this process. A week ago the buyers... Read more »

Christopher Tolley
Christopher Tolley answered on Oct 15, 2019

I strongly suggest you contact a lawyer to represent your interests as soon as possible. The agent/broker is supposed to be working for you, the seller, and no one else. Most P&S agreements state the buyer is prohibited from entering the premises and/or doing work n the premises with the... Read more »

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1 Answer | Asked in Elder Law, Estate Planning and Probate for Massachusetts on
Q: My parents reside in Tennessee and my father passed away a few months ago. My mom started to work with a lawyer...

I live in the Northeast and have struggled to ensure that she is handling financial matters without issue. We had tremendous difficulty understanding what my father had set up financially. Took a while to find the will also. She started working with a lawyer to update her will that had not been... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 18, 2019

Do you have agency under the power of attorney? - if so then you can act on her behalf id you have possession of same. Otherwise you will need a Tennessee attorney who specializes in conservatorships to have yourself appointed as such or at least to advise you on what your options are.

1 Answer | Asked in Elder Law and Probate for Massachusetts on
Q: Do I have any legal recourse for the filing of a Last Will and Testament for my Dads estate? Please see my explanation?

Hello...My dad in Everett, Ma passed away in October 2014...and buried on the 14th of October. My brother who lived with my dad made no effort to contact any family members. I found out via email from a friend...My brother wouldn't take my call's & refused to speak to our uncle, my... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on May 28, 2019

If father died in 2014 then you would if there are assets over $25,000 involved, need to file a Late Petition to probate the Will and you should do so as soon as possible since you apparently have the original Will. Are you the first named "executor"? If so, you have priority. You should... Read more »

1 Answer | Asked in Estate Planning, Elder Law, Health Care Law and Social Security for Massachusetts on
Q: How will equity from sale of a house affect govt asst. programs like ssdi, medicare, masshealth, food stamps, housing?

Yes I am disabled, on hemodialysis, and get palliative care services. My house will be closing on Wednesday. I will be getting about $150,000 (that's the gain). What federal/state assistance programs will be affected by this gain of money? Is there any legal way around it or to avoid losing... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on May 21, 2019

You have not stated whether you are disabled . If so, there is a special needs trust you can explore.

1 Answer | Asked in Elder Law for Massachusetts on
Q: Annuity

my mother-in-law has an annuity that the state considers an asset. She's in assisted living. Is there a way to transfer her resources to protect some of this money

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 5, 2019

The usual answer would be that it is too late to do so if she will be in need of nursing home care within 5 years These are MassHealth/Medicaid issues which have complexity and you should discuss the entire set of facts involved with an Elder law practitioner who specializes in that particular... Read more »

1 Answer | Asked in Real Estate Law, Consumer Law, Civil Litigation and Elder Law for Massachusetts on
Q: Can assessment of damages hearing be brought by condominium assoiation under rule 55b2 if no default?

Condo Association was denied preliminary injunction for rules violation in hearing 11/ 9/16. In Summary Judgment Hearing 11/9/17 Count I re violation was denied but allowed Count II for assessment of damages hearing. They applied under rule 55(b)(2) with Issuance of Notice to Sell (per MGL c.254... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 9, 2019

One concern may be whether her assets are going to be the subject of a lien and collections efforts. Another concern would focus on her estate after she passes: would judgment creditors seek reimbursement at that time? More details are necessary to provide a professional analysis of your issue. The... Read more »

1 Answer | Asked in Elder Law for Massachusetts on
Q: Living in a rest home with owner as payee, how many days does he have to give me my allowance and how much is allowance?

Yes Im on SS. And have signed over my checks , making owner my payee.

Lillian J. LaRosa
Lillian J. LaRosa answered on Nov 12, 2018

You can call the Social Security Administration with questions you may have regarding the institutional payee or use the internet if it is available to you.

1 Answer | Asked in Elder Law for Massachusetts on
Q: Can my stepsister move her dad to her home in Florida and leave his wife of 30 years (my mom) alone and in Massachusett.

Stepdad recovering from mild stroke. My mom has Alzheimer’s. I have no resources to care for her. Stepsister wants her dad and cares nothing for my mom.

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 22, 2018

Does your step sister have her father's health care proxy ? If so, it is possible that by its terms she has such authority if he is unwell. If he is competent then he can make his own decisions, although potentially there is a gray area here where he has had a stroke unless he has expressed... Read more »

1 Answer | Asked in Elder Law and Nursing Home Abuse for Massachusetts on
Q: Caregiver for senior with dementia and diabetes suspected of abuse/neglect. Who to report to?

It's practically a known fact that the caregiver for my girlfriend's father (who is also my neighbor) has been negligent to the point of abuse. However there is no solid proof of this. Adult Protective Services asked him if he wanted them to begin an investigation. The man has dementia... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 14, 2018

This sounds like neglect and you should contact the Elder services office again to report that you have this information.

1 Answer | Asked in Criminal Law and Elder Law for Massachusetts on
Q: I applied to a ride share company and they ran a CORI on me. I failed for unresolved cases.

There were 4 cases for larceny by check back in 1978. How do I resolve this?

Stephen Neyman Esq.
Stephen Neyman Esq. answered on May 3, 2018

Unresolved cases usually mean that you are in default and that the cases are still open. You will need to go into that court, remove the defaults and resolve the cases. I strongly advise you to have a lawyer with you. Cases that are that old are often difficult for the prosecution to prove.... Read more »

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