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Questions Answered by Lillian J. LaRosa
1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: My Ex has been keeping me out of childs life since i was 14 with dcf threat now that 18 come for CS. no custody agreemet

We were never married, I still visit when and only when she allows and i provide whenever asked and even when not. I just got a letter in the mail saying she opened a case and now I'm waiting for a court summons. i would like to be able to see my child without her constant supervision and id like... Read more »

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

If paternity has been established then there is a Complaint for Custody and Support she may have filed and the Court can enter minimum child support orders due to your unemployment status. This legal proceeding is the forum for presenting your visitation requests as well.

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 »

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: My child support was 289.00 a week, we made an agreement to bring it down to 180.00 a week.Can she go back and raise it
Lillian J. LaRosa
Lillian J. LaRosa answered on Nov 25, 2019

If there is a material change in circumstances of the parties or child, yes, there may be further modifications.

1 Answer | Asked in Family Law, Child Custody and Child Support for Massachusetts on
Q: Hello I'm in a tough child custody situation. Falsely accused of neglect father took sole temp we had shared

I would like to know how and what I can do if I feel there is child alienation from father to me mother

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

You can request that the Court appoint a Guardian ad litem to investigate whether the claims against you are legitimate or are alienation . The Court can order payment of the GAL's fee to the requesting party or order both parties to pay for the GAL. In indigency or low income situations the Court... Read more »

1 Answer | Asked in Probate for Massachusetts on
Q: My son was sexually assault at his school I filed police report but school isn’t doing nothing about

...

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

Has the DCF been involved? You should also consider contacting Mitchell Garabedian's Office in Boston for example as there are counsel who specialize in sexual abuse issues.

2 Answers | Asked in Probate for Massachusetts on
Q: Both parents on deed, one passes away, when the surviving spouse dies, can it be sold without probate if there is a will

children in will would like to sell house without going to probate, they are all listed in the will

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

The estate will need to be probated and the will offered for allowance by the Probate court where the decedent was domiciled.

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1 Answer | Asked in Estate Planning and Probate for Massachusetts on
Q: Aunt died with assets not transferred to living trust

How do I probate some stock certificates we came across in my aunt's name that she never transferred to her trust. Since the value is about $20k can I file a voluntary administration probate since that's all that is left to deal with? The rest of her assets were covered in the living trust. I am... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Nov 8, 2019

Yes, a Voluntary Statement should suffice. There is notice to the estate recovery unit and the form seeks asset information and whether there is a will, etc. You will also need a death certificate for filing and the filing fee.

1 Answer | Asked in Estate Planning and Probate for Massachusetts on
Q: my sister and I are 50/50 heirs what happens if we both want the same asset listed in the will?

she is the executor and I requested to purchase my dads car which is part of the estate but she advised she was taking it - do I have any claim on it?

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

The Personal Representative has an obligation to maximize the estate and not to self-deal, so she would need to demonstrate that whatever commission for her work as Personal Representative is worth the equivalent of half of the fair market value of the vehicle. If this is an expensive vehicle this... Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: I am planning to file for divorce is there any way to protect what little assets I have? Physical abuse involved

Reside in MA 4 teenage kids full time 2 biological, 2 stepchildren

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 31, 2019

You should assemble as many financial records as possible and make copies- the more documents you have, the better and will save money and time on the proceeding. Start working on your Financial Statement as well. Since there are step children you should know what the status is of child support for... Read more »

1 Answer | Asked in Child Custody for Massachusetts on
Q: In Massachusetts is there a legal definition of a grandparent? Would a great-grandparent be considered a grandparent?

I am aware of the California case "Ed H. v. Ashley C." But have been unable to find anything in Massachusetts.

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 30, 2019

There is a petition for grandparent visitation and the statute speaks with regard to grandparents having visitation rights under certain circumstances .

1 Answer | Asked in Divorce and Child Custody for Massachusetts on
Q: My daughters therapist filed a 51a against my ex.for severe emotional abuse.do i still have to let her go on visits?

This is court ordered visitation but today the therapist said no visit tomorrow and filed the 51a.she is terrified because he knows she is getting lawyer and he will be vicious with her..he is treating her like he did me

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

You would need to ASAP file an Emergency Motion and Affidavit seeking Modification of any existing Orders or also a Modification Complaint if there is a Judgment, detailing that the child's therapist has filed an abuse 51a and recommends no visitation in the child's best interests.

1 Answer | Asked in Child Custody for Massachusetts on
Q: Is It legal to discuss details of an ongoing child custody case with the children ages 5 and 8?

The mother moved to Maine without telling the father who lives in Massachusetts. The court said she has to move back to Massachusetts. She recorded a video of the children crying and screaming really upset after she told them that the court decided they were moving back to Massachusetts and sent it... Read more »

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

Hello, This fact presentation calls the mother's judgment into question, certainly. It is not per se 'illegal' but her conduct appears to be not in the children's best interests from what you have stated. It certainly is worthy of informing the Court that this has taken place.

1 Answer | Asked in Divorce for Massachusetts on
Q: My ex's attorney does not respond when I followed up on the status of our divorce case

We got married in Philadelphia and my ex also lives there now. I moved to Boston, MA after separation. My ex hired an attorney in Philadelphia and filed a divorce with court stamped date of 10/22/18 and we were separated since 7/18/18. It has been a year since he filed the divorce but I have not... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 23, 2019

You can check with the Court Clerk in the Philadelphia Court on the status of the case with the docket number assigned to the case which should be on the document you had received and you can usually obtain copies from the Clerk of the docket and other documents- there may be/probably is a fee.... Read more »

1 Answer | Asked in Child Custody for Massachusetts on
Q: Is New Hampshire considered to be out of state for Massachusetts custody cases?

If the father lives in New Hampshire and the mother lives in Massachusetts would there still be a possibility of 50/50 or would the court want the child to reside in one state? The child was born in Massachusetts and has spent a total of 4 months living in nh throughout the last 16 months due to... Read more »

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

Generally for share physical custody the parties would even be living in the same town. The best interests of the child are the standard , and there also needs to be a domicile state for the child.

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 »

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 15, 2019

If there is a Purchase and Sale Agreement signed by the parties, then the parties are to honor its terms of the Agreement on when the closing is to take place and there may have been an extension or 2 signed by the parties . If the Buyer is in breach of the contract you may have recourse as stated... Read more »

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1 Answer | Asked in Child Support and Divorce for Massachusetts on
Q: My ex husband died last month owin 8,000 in back child support. He owned the house with his brother which will be sold.

We all lived in MA & The house is in MA. My ex husband and i have 2 children who are 17 and next of kin for his assets which were under 25,000, there was no will. His brother is now sole owner of home but is going through a divorce and house will be sold. Can i put in a claim through the house for... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 15, 2019

You should hire a probate practitioner as there is a specific way to perfect a claim against an estate that must be followed . Was his brother a joint tenant of the real estate? If not then he may not be the sole owner.

2 Answers | Asked in Estate Planning and Probate for Massachusetts on
Q: Ex-husband died, we had 2 kids. His live in girlfriend put all of his assets in storage & claiming they were hers.

We all live in MA, we had twin daughters who are 17 & will be 18 in Feb. He had no children with his girlfriend who lived with him. He definitely had less than $25,000 worth of assets & no will. He had a camper/rv that I was told she transferred the title to herself after his death & she put most... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 14, 2019

Your children have priority as they are his heirs unless he had a Will stating otherwise. You also have a child support arrears claim against his estate and should definitely contact counsel ASAP about the arrears and the estate in general as he sounds like he had an interest in real estate and... Read more »

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2 Answers | Asked in Estate Planning and Probate for Massachusetts on
Q: Is the executor required to notify beneficiaries of what is happening with the estate?

My father passed away 3/2018, and the executor of my dad's estate is my estranged sister. So far, instead of contacting her, I have called the law office for the case to get updates. But for several months now, it appears that my sister has instructed them to not even answer the phone when I call.... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 9, 2019

If your sister is not ageing to have her counsel respond to you, you can either try contacting her directly yourself or engage counsel on your own behalf to seek information as to the expected distribution and timing. It may be that there are no problems and you will learn that you will be... Read more »

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1 Answer | Asked in Divorce for Massachusetts on
Q: Hello! I just received an answer but have a question about the answer... (Thank you btw)

This is the answer: The Court Order would normally state who is responsible for payment for the therapy services. If it is silent then it would be treated like other medical services.

I don't know what 'silent' means?

TIA!!!!

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 7, 2019

"Silent" means if the Order does not so state.

1 Answer | Asked in Child Custody for Massachusetts on
Q: Is it legal for a parent to “spank” a four year old with a hard wooden spoon to g t him to be potty trained ?
Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 7, 2019

Corporal punishment is not a favorable method and may be considered abuse or neglect especially if it is not a singular isolated instance and is a practice. The child could be harmed physically and emotionally. Consult your child's pediatrician on potty training techniques.

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