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Questions Answered by Lillian J. LaRosa
2 Answers | Asked in Land Use & Zoning and Real Estate Law for Massachusetts on
Q: If I own two properties that abuts a paper road do I have more rights then my Neigbor?

I live in a private neighborhood my house has a separate piece of land that I pay taxes on and the paper road was designed for this piece of land. My Neigbor is trying to Claim the whole paper road as his front yard? He’s even trying to clear my half of the paper road from its natural brush so... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jan 12, 2021

This also may be something your title insurance company would potentially get involved with if you purchased an owners title policy. I agree with Attorney Tolley and you may well need to file a Land Court action to resolve the dispute, unfortunately.

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2 Answers | Asked in Real Estate Law for Massachusetts on
Q: How to end the lease early due to a toxic roommate situation?

I'm asking for my friend Anne, located in Boston, who has been living with a terrible roommate who continuously harasses her verbally and mentally for several months. For the past 2 months Anne has been trying to break her lease by subletting her room, but finding it impossible to escape this... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jan 5, 2021

So, is there a domestic violence situation or some other unlawful conduct of the roommate? This may work to address the lease situation if such orders are entered against the offending roommate. Otherwise if there is a lease presumably she and the roommate are jointly and severally liable and hence... Read more »

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1 Answer | Asked in Child Custody for Massachusetts on
Q: What do you file in response to a counter claim for child custody and parenting time?

My fiancé filed a complaint for child custody and parenting time. The child's mother filed a counter claim as well as a proposed parenting plan to this. What do we file in response as an "answer" to her counter claim and parenting plan? I cannot find anything online that would give... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Dec 31, 2020

Yes, it is called an Answer to Counterclaim and denying the individual allegations is the first step.

1 Answer | Asked in Child Custody and Family Law for Massachusetts on
Q: My fiancé’s ex-partner filed a counter claim to him filing a child custody complaint. Can we also file a counter claim?

We can’t currently afford a lawyer but filed a custody complaint because my fiancé had the child 80% of the time up until two years ago when the child started school. She promptly decided she was going to have the child 80% and told him that he was allowed every other weekend. It has affected... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Dec 29, 2020

Was there a prior paternity action or acknowledgment ? Is the MDOR involved ? Is DCF involved? If your fiance has filed a custody and support complaint and received a counterclaim I am unsure of what other action you are contemplating.

2 Answers | Asked in Divorce, Estate Planning and Tax Law for Massachusetts on
Q: My spouse's dad passed away in May and the estate is being questioned by my wife and her 3 siblings.

My spouse refuses to tell me anything and has also told her lawyer to tell her siblings tell me nothing about what is going on. My question what rights do I have to be included in the outcome of the estate distribution among my wife and her siblings ?

Lillian J. LaRosa
Lillian J. LaRosa answered on Dec 29, 2020

Normally no rights unless you are having a divorce started or have one pending.

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1 Answer | Asked in Real Estate Law for Massachusetts on
Q: My property has a shared driveway without any legal easements. Is that a problem if I sell the property.

Would I have to disclose that information?

Lillian J. LaRosa
Lillian J. LaRosa answered on Dec 16, 2020

You will need to have your title reviewed on this subject and this is not susceptible of a forum response.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: How can I change my name on my house deed? I have had a legal name change.
Lillian J. LaRosa
Lillian J. LaRosa answered on Dec 14, 2020

Normally you would wait until you are transferring or mortgaging the real estate and then also provide your old name with "formerly known as" .

1 Answer | Asked in Divorce and Real Estate Law for Massachusetts on
Q: Divorce ??? I have a deed & mortgage with a Joint tenancy with right of survivorship with my dad ( father / son).

I have a deed & mortgage with a Joint tenancy with right of survivorship with my dad ( father / son).

My wife has filed for divorce.

She was not added to deed / mortgage because at the time of purchase she was in arrears with the DOR for back child support from another... Read more »

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

It looks like it is a marital asset to be divided equitably by the Probate Court if the parties are unable to agree on property distribution. You have not stated the duration of the marriage or other circumstances so assuming at least 10 years it is possible that the Court would assign 50% of the... Read more »

1 Answer | Asked in Probate for Massachusetts on
Q: I have the stamped voluntary administration statement showing i am the administrator of my deceased father's estate.

The person he lived with won't open the door for us or the police and isn't returning calls. What is the next step to get this person to comply with court order?

Lillian J. LaRosa
Lillian J. LaRosa answered on Nov 30, 2020

Was there a lease? Then the landlord could allow entry. If you continue to have problems you may need to seek appointment as a Personal Rep to proceed further against this problematic individual.

2 Answers | Asked in Real Estate Law for Massachusetts on
Q: My father recently passed. He owned a home with a friend. What are my responsibilities as a surviving adult child?

The friend is not a legal spouse but still lives in the home. My father is listed on the deed/mortgage as a joint tenant in common. Can this house be sold without approval by his heirs?

Lillian J. LaRosa
Lillian J. LaRosa answered on Nov 30, 2020

In Massachusetts if he was a resident here a Petition for Probate either testate or intestate would need to be commenced . Heirs or devisees under the Will and children of the deceased need to be notified of the estate. You really need to contact a probate attorney to go over your facts and make... Read more »

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2 Answers | Asked in Real Estate Law for Massachusetts on
Q: How do i go about transfering poperty in puerto rico under my name

My grand mother passed a few yrs ago with no will... none of the siblings want the property i have the original deed and paperwork to the property how do i go about transferring the property deed under my name without traveling to puerto rico

Lillian J. LaRosa
Lillian J. LaRosa answered on Nov 24, 2020

You haven't stated whether your grandmother was a resident of Puerto Rico or just had property there. If she was a resident there then you would need an attorney In Puerto Rico to handle probate of her estate there depending of course on how title to the real estate was held . If your... Read more »

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1 Answer | Asked in Probate for Massachusetts on
Q: Does my deceased son’s girlfriend have to sell the home they and their 2 children lived in to give the equity to kids?

No will. House and mtg. in son’s name. Equity seen as 1 of his assets for kids. My son wanted that home for his girlfriend and kids. Keeping the home keeps them in a house.

Lillian J. LaRosa
Lillian J. LaRosa answered on Nov 23, 2020

The surviving children are the ones who have the priority of appointment as Personal Reps of the intestate estate, but if they are minors they will not be able to petition the Court. Girlfriend has no legal status but can be a Formal Petitioner for appointment. Someone will need to be appointed as... Read more »

3 Answers | Asked in Real Estate Law and Tax Law for Massachusetts on
Q: I co-own a property in Massachusetts. The other owner is buying me out. Are there tax issues I should be aware of?
Lillian J. LaRosa
Lillian J. LaRosa answered on Nov 17, 2020

This is a tax question and not a real estate question so you should consult with an accountant or tax attorney.

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1 Answer | Asked in Divorce for Massachusetts on
Q: Where can i find a pro bona lawyer tk help me with my divorce. He has served me and ive been evicted from our home.

I havent enough money to move out. And or pay a lawyer to help me fight.

Lillian J. LaRosa
Lillian J. LaRosa answered on Nov 16, 2020

You can try Western Mass Legal services or Western New England Law school.

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: Nightly call clause is not specific. Can we be held in contempt for not making call? Massachusetts

Clause- “while child is of young age and unable to contact other parent without assistance of custodial parent, the partIes shall engage in a nightly telephone call to allow the child to allow the child to communicate with noncustodial parent”.

This was implemented when child was 3. Dad... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 29, 2020

6 is a young age and there is potential for a Contempt Complaint to be brought against you for not making the calls occur .

1 Answer | Asked in Divorce for Massachusetts on
Q: My husband wants a divorce and to file for bankruptcy. He’s offering me $300/month because I “have no case” for alimony

We are both trying to be civil, but I’m suspicious of the timing. He also said that a lawyer he consulted told him that my alimony request “would be thrown out of court.”

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 26, 2020

You need to also speak with a bankruptcy attorney as your asset division would potentially be affected thereby. Why are you both not filing for bankruptcy?

1 Answer | Asked in Civil Litigation for Massachusetts on
Q: How do I collect the money when my lawyer has been telling me for years the defendant will be paying and I get nothing

I won a judgment

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 23, 2020

This sounds odd. Take your Judgment to another attorney to review.

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.

2 Answers | Asked in Real Estate Law for Massachusetts on
Q: No, we did notice after closing by Buyer so real estate agent did not know. Inspection done by buyer

Inspection done and was noticed after 30 days the water leakage by buyer...

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 20, 2020

You should have your Purchase and Sale agreement reviewed to determine any exposure to liability.

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2 Answers | Asked in Real Estate Law for Massachusetts on
Q: When the buyer notices water leakage after closing, will they sue Seller in Massachusetts?

Buyer did not ask Seller about water leakage before closing and seller did not know

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 20, 2020

Was there a realtor involved in this transaction? if so there are disclosure forms completed for the sale listing. As Seller did you complete such a form? Buyers typically make offers contingent upon home inspection results- was there a home inspection?

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