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Questions Answered by Lillian J. LaRosa
2 Answers | Asked in Family Law and Real Estate Law for Massachusetts on
Q: I bought my home in 2019.Refinanced 2021 and added BF to all aspects of loan.i have equity. what is he entitled to?

prior to him signing i had already gained $160k of equity. If we were to sell is he only entitled to what was gained from Refinance till now?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jan 22, 2024

He was added to the Deed as a title holder either as a tenant in common or as a joint tenant most likely and would have the right to seek a Partition of his undivided interest and the portion of equity he contributed to would be either determined by agreement of the parties or through Court... View More

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1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: I have primary physical custody of my daughter, mom has joint. Mom gets daughter fri-Sun and refusing to return Now what

Mom posted on Facebook Thur she was looking for a custody attorney. Daughter went for her weekend visit and mom is now refusing to return daughter. Claiming my daughter is scared to come home because daughter supposably said I hit her. (Which I didn’t). She is court ordered to return my daughter... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Dec 4, 2023

If the allegation is untrue then a Contempt Complaint and Emergency Motion for Orders to Return the child and Affidavit in Support could be filed by you and perhaps also seeking the appointment of a Guardian Ad Litem to investigate and report to the Court with respect to what is happening with the... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Hi. Can my partner quitclaim deed his property to me or change it to joint tenancy? He has a mortgage in the property.

Thank you in advance

Lillian J. LaRosa
Lillian J. LaRosa
answered on Nov 1, 2023

Generally mortgages have terms that a transfer of the property can calls the promissory note in or due to be paid, called a "due on sale " clause, but the owner can contact the mortgage holder and inquire about adding you as an owner and their preferred mechanism to do so with regard to... View More

2 Answers | Asked in Civil Litigation, Criminal Law and Divorce for Massachusetts on
Q: I need to hire a lawyer to help me with some legal issues and use my house as collateral, is it possible and how?
Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 28, 2023

It is best to obtain a separate loan if possible as there would need to be separate counsel to review the circumstances of a mortgage promissory note situation. You also want to make sure that you don't violate an automatic asset restraining order if Divorce is or will be started shortly.

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2 Answers | Asked in Car Accidents and Personal Injury for Massachusetts on
Q: I was in a multi car accident. The person that caused it got away, hit and run. Do I need a lawyer for my injuries?
Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 22, 2023

While you are certainly not required to have an attorney, an attorney who works representing car accident Plaintiff's knows the law and how to deal with insurance companies effectively.

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1 Answer | Asked in Probate for Massachusetts on
Q: My mother passed and left $6000 in an annuity. The bank will not accept Voluntary Administration form I completed.

They said MA requires more but can't tell me what? They are looking for a TIN and Entity or Estate name. There is no estate name.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 16, 2023

This is a difficult time to lose a parent, I extend my condolences. Here are a few tips:The estate name is Estate of..., which is your late mother's name. They also want you to obtain a Federal Taxpayer ID from the IRS for the Estate of your mother as the Social Security number cancels at... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Massachusetts on
Q: If a court order (family law) has been filed and served and no court date has been assigned yet due to back up in courts

Parents of children unmarried split. father went to court to establish custody and parenting time as the mother is trying to dictate how and when he can see the them. So far a docket # assigned but the court date is in process. (custody/parenting time). mother is keeping kids from father because he... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 18, 2023

Your question is confusing-Did you file a Petition? Or did the Court enter Orders? If there is a violation of a Court Order there can be a Contempt Complaint filed and served to address the violation. If a Petition or Complaint was filed by you ,then you would need to have it served upon the... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: I am a homeowner living in Marlborough, MA in Middlesex County . My parents(now both deceased) bought the home in 1965.

In 1994 we had a detached garage built on our property. Our new neighbors told me they were going to have their property surveyed. They did, and according to their surveyors, a corner of our garage is encroaching their property by one foot. Nothing further has developed either by them or by me. My... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 13, 2023

To claim adverse possession you would need an adjudication of same from the Land Court and should involve real estate counsel in order for good title to your property to be passed, unless you want to adhere to the official meter and bounds as stated in the Deed and remove the garage or offending... View More

1 Answer | Asked in Probate for Massachusetts on
Q: Grandfather passed last year. No will has been filed in probate.

My parent has not been able to see the will of her father. He passed away over a year ago. Grandfather told me I have an inheritance as does my parent (his child). Now that he has passed, I am worried his other children, or his living widow; have taken our portion of the inheritance. We contacted... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 10, 2023

Was grandfather a Massachusetts resident at his death? Assuming so, and that he died intestate, the widow ( sounds like she is not your mother's mother) and your Mom and your Mom's siblings are heirs. There is a process to pursue to commence an intestate estate and since it seems that... View More

1 Answer | Asked in Contracts and Real Estate Law for Massachusetts on
Q: My father had 3 or 4 strokes less than a month before signing to sell his house now they are taking him to court for it
Lillian J. LaRosa
Lillian J. LaRosa
answered on Jun 2, 2023

Assuming that your father is a Massachusetts resident for his thumbnail response: Your father may well have been infirm and not competent to enter into the sale agreement in which case an Equity case on his behalf should be commenced along with a Guardianship and Conservatorship petition... View More

1 Answer | Asked in Probate for Massachusetts on
Q: If a family member is a will's executor, how soon do they have to execute it? It's been 7 yrs. Do I have any recourse?

The executor is sitting on (holding) all the non-monetary assets of the will, even actively preventing access to the inherited home and property by holding all of the keys. She is also the primary heir.

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 25, 2023

Is this decedent a Massachusetts resident? If so and the Will has not been probated, then those who have priority on the intestacy ladder as the presumption is now that there is no Will unless somehow there is a photocopy of the executed Will which since the named Executor ( Personal... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Massachusetts on
Q: What are steps to take with my mother's estate when she passes away with no will.

My mother and I live in Massachusetts. I have an older brother who lives in NY. My mother is 75 with failing health. My mother owns a house in NY and a house in MA. She has a couple of retirement accounts and has savings and checking accounts. She refuses to get a will. I have asked her to do this... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 31, 2023

Your mother appears to reside in Massachusetts and assuming that is the case she would be intestate and depending upon her marital status and whether you and your brother are the only children she has, you and brother have equal ability to file a Petition for Probate of her estate upon her death.... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: Will a Massachusetts judge grant a motion for video chat visits twice a week for 15 minutes with a 1 year old child?

I live in MA & currently have temporary sole legal and physical custody of our child. My ex lives out of state in Maryland and will soon start court ordered parenting time every other weekend for 6 hours. He frequently disappears for weeks to months at a time without any contact. He has also... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 30, 2023

The Court could enter a version of the requested order , but you should assert the difficulty involved in having the child participate for the full length of the call . Of greater concern at this point is the lack of consistency by father "disappearing for weeks or months" . Is there also... View More

2 Answers | Asked in Personal Injury, Wrongful Death, Estate Planning and Probate for Massachusetts on
Q: I will be receiving a settlement for a suit I filed for wrongful death of my father. It was product liability. I am the

Only heir, my dad died 6 yrs ago with a will naming me sole beneficiary. They have already run complete lien checks to be sure nothing is owed to anyone. I’m going to be receiving a settlement check but they want to put check to the estate of. I called bank and they are telling me I would have to... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 22, 2023

It is surprising there was no Personal Rep appointment in order to proceed with the case. There is a requirement to notice the Estate Recovery Unit of a Probate Petition as there is an automatic lien for Masshealth/Medicaid benefits. Also, the size of the Estate-whether over or under $1,000,000 for... View More

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3 Answers | Asked in Real Estate Law, Estate Planning and Probate for Massachusetts on
Q: My neighbor passed in 2016; before her passing she had a will which identified me as the executor of the will.

I did not act on the will because the daughter moved in and I didn't want to upset her. However, the daughter recently passed and now there are no living relatives. Is the mom's will still executable?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 13, 2023

I agree that consulting an Estate attorney concerning this matter would be the route to take. A public forum can only provide some basic information. If you are in possession of the original will and were named the Executor now referred to as Personal Representative, you had a duty to move... View More

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1 Answer | Asked in Probate for Massachusetts on
Q: In Massachusetts, typically how long does an INFORMAL PROBATE, with the deceased's home the only significant asset, take

Can the home be sold by the beneficiaries as soon as the Court has approved the completion of the INFORMAL PROBATE?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 9, 2023

This is actually 2 questions-Time frame for the appointment as Personal Rep to occur and the next question is the time needed to complete estate administration. Depending upon the County and the Judge assigned and the availability of Court Personnel the first question is weeks, the second question... View More

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: A minor currently lives with a grandparent. How does grandparent get custody/ secure parent doesn't take kid during proc

During the process of gaining guardianship, what if parent demands kid comes back

Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 3, 2023

You would need to obtain Guardianship over the minor via Petition to the Probate & Family Court where there was either a previous divorce or paternity proceeding or where you live if not applicable. If there is an Emergency you would need to also request temporary guardianship and have grounds... View More

1 Answer | Asked in Estate Planning and Probate for Massachusetts on
Q: My mother passes away recently. I need to know what to do about her car and credit card debt.

Her only property is an automobile which still still has a loan on it. What would happen to her car? Can I transfer the car and the loan to me? Will I have to sell the car to pay her credit cards off?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Feb 8, 2023

Sorry for your loss. If your mother was a Massachusetts resident, it sounds like you would be filing a Voluntary Statement with the Probate Court for the County of her residence. The vehicle would be listed as subject to a loan and depending upon the circumstances you may be able to acquire same... View More

2 Answers | Asked in Construction Law and Contracts for Massachusetts on
Q: I have a builder building a home for me, they aren't addressing issues I have found but want their final payment.

Is it legal for me to with hold providing them the final check until they complete the issues I have with the home? I have asked them for over a week to come to the home and address the issues with me and they've ignored every email and text and say I'm going to be late on their payment... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Dec 6, 2022

The contracts should be reviewed and you should have counsel involved as there are a lot of moving parts. Construction is a legal specialty by the way and not for the pro se dabbler unless you are willing to take the lumps you may be in for!!

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2 Answers | Asked in Real Estate Law for Massachusetts on
Q: Is it a breach of contract If a seller is not ready to close at the closing date stated on the buyer-seller agreement?
Lillian J. LaRosa
Lillian J. LaRosa
answered on Nov 18, 2022

The Purchase & Sale Agreement should have specific provisions concerning what occurs upon a failure to be ready to close on the closing date. You should have counsel involved , particularly if things are not going so well!

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