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Massachusetts Questions & Answers
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 Domestic Violence for Massachusetts on
Q: What happens if the victim violates the restraining order?

If I answer the phone when the victim calls and talk will I also be violating the restraining order?

Lissa McKinney
Lissa McKinney
answered on Aug 20, 2022

YES- If she calls and you answer YOU are violating the RO. Let it go to voicemail; screen shot the incoming call and back it up because it demonstrates she is not "in fear of imminent seriously physical harm." If you DO NOT answer maybe she will call more than once which will help you... Read more »

1 Answer | Asked in Real Estate Law, Tax Law and Municipal Law for Massachusetts on
Q: Can one town foreclose if the property is in two separate communities and other town's taxes are current?

I bought a home that's 1/2 in 1 town and 1/2 in another - the dwelling is > 80% in Town A. Original mortgagee escrowed & paid property tax only to Town A. The mortgage has been transferred twice & modified once, & still the error wasn't discovered. Now, over 10 years in, I... Read more »

Christopher Tolley
Christopher Tolley
answered on Aug 19, 2022

I think Town B probably has a right to foreclose on its lien but my guess is it has not done so because of the issues you raised. Whether Town B does or does not foreclose, I do not see any alternative but your #1. I do not see the value of ignoring Town B. You already have no equity in the... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Massachusetts on
Q: In MA, will I have a warrant if I don’t go to a court date as a VICTIM/WITNESS to a A&B on a household member?

My girlfriend and I got in an argument in January 2022. I was drunk and being mean while she drove us home. She got tired of it, pulled over and unbuckled me and while she pulled the buckle around me to get me out of her car, she accidentally hit me. I got mad she was making me get out and walk and... Read more »

Lissa McKinney
Lissa McKinney
answered on Aug 15, 2022

The operative word in the caution is "may."

In practice, it is rare that a Court issues a warrant for a victim- it tends to discourage people from calling the police when they really need to. Generally speaking, all of us are required to advise you to follow the law. 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 Immigration Law for Massachusetts on
Q: First MCH was in 2011. Then few individual hearings but didn't call. Now get again MCH this month after 11 years.

CR1 thr marriage. ,I 751 denied in 2011. Applied in court for judge to review. Letter of notice of master calendar hearing in removal proceedings.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 14, 2022

What is the reason you do not retain a local immigration counsel to review the I-751 denial and assess your removal case de novo?

1 Answer | Asked in Criminal Law for Massachusetts on
Q: If I received a CWOF and completed probation (case now dismissed), do I have to answer yes to this question?

Have you ever been convicted of any crime or offense, whether State or Federal, including offenses categorized as misdemeanors, high misdemeanors, or felonies? You should include convictions under any circumstances such as, but not limited to, a plea of guilty, Non Vult, Nolo Contendere, No... Read more »

Lissa McKinney
Lissa McKinney
answered on Aug 5, 2022

No, as phrased you do not. By definition, a CWOF is not a conviction as it did not result in a Guilty finding.

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 Immigration Law for Massachusetts on
Q: Small spelling mismatch in mother's passport [US citizen immediate relative green card application]

Hello! My mother's current passport has a small spelling mistake (an extra character added to last name). She has already used this passport and traveled to the US with it. Before applying for her green card, we will try to amend the mistake and get her a new passport issued with the correct... Read more »

Giselle M. Rodriguez
Giselle M. Rodriguez
answered on Jul 29, 2022

Hi - Thank you for your case description and for explaining your concerns.

Most USCIS forms have a section/question where it asks whether the applicant has used other names in the past or at present - That may be a good starting point for you in disclosing that.

With regard to...
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 Personal Injury for Massachusetts on
Q: While at overnight camp my daughter was pushed by another camper which caused injury to her face. She has a laceration

Right above her eye. The camp brought her to urgent care the next day. She will have a permanent scar. Can I sue the camp?

Christopher H. Mingace
PREMIUM
Christopher H. Mingace
answered on Jul 29, 2022

There is a possibility that your daughter may be entitled to make a claim for her injuries. It will depend on several factors including the particular facts of the incident and any paperwork that was required to be signed prior to entering into the camp.

We would happy to evaluate the...
Read more »

1 Answer | Asked in Employment Law for Massachusetts on
Q: Can I share an email I created and sent to an employer. It does not include their response.

It will be used as proof that I submitted a freelancers invoice for payment.

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 26, 2022

There are generally no laws that would prevent you from doing this, but you should check your employer's policies on email security before doing so. If an employer adopts a policy against using your work email for purposes other than the work for the employer, you could be disciplined if you... Read more »

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 Criminal Law and Juvenile Law for Massachusetts on
Q: If your are caught around people underage drinking however you weren’t are you still entitled to a misdemeanor?

Say someone gets invited to a party in high school and there is going to be underage drinking. This person knows that but really wants to brigo cause their friends are going etc. This person however would never drink. If said party was ‘busted’ by the police and you were caught. Would you still... Read more »

Lissa McKinney
Lissa McKinney
answered on Jul 14, 2022

basically, yes, unless the police believe you were not drinking. You can ask for their breathalizer if you feel confident, but I am not sure I would trust entirely how they administer it....depending on where you live. If that were to happen, go immediately to a clinic or hospital and get a blood... Read more »

2 Answers | Asked in Bankruptcy, Foreclosure and Elder Law for Massachusetts on
Q: My client is 88, her home is under water and she cannot afford to repair the failing electric and plumbing systems.

On paper, she is not low-income ($42,000/year) but owes $7K for electric and many other debts. If she foreclosures is she still responsible for the mortgage? (She cannot pay that and rent also.) Would Chapter 11 be a better option for her? Can she rent an apartment after Chapter 11 or will... Read more »

Robert Simonian
PREMIUM
Robert Simonian
answered on Jul 13, 2022

A Chapter 7 bankruptcy sounds like it may be in her best interest at this time however I can not say this absolutely without a full interview. You can call me or another experienced bankruptcy attorney and they should be able to give you a good solid answer and plan to move forward. A chapter 7... Read more »

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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 »

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