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Questions Answered by Lillian J. LaRosa
1 Answer | Asked in Personal Injury and Real Estate Law for Massachusetts on
Q: I fell through the broken staircase in Nov 2017 at my Fiancée’s rented apartment. Do I have a case?

at my Fiancée's rented apartment in November 2017. One of the back stairs on which I was standing suddenly broke and I fell through it on the floor below. We Immediately called an UBER and rushed to emergency room. I had injuries on my legs, back, stomach sides and arms. Plus, it is causing me... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jan 21, 2020

Hello, This is not a real estate case but a personal injury premises liability case.

1 Answer | Asked in Family Law and Probate for Massachusetts on
Q: Who picks up and drops off and where will visits take place if not specified in the court order
Lillian J. LaRosa
Lillian J. LaRosa answered on Jan 16, 2020

If this is a Massachusetts case, then the usual is for the parent having visitation to pick up and drop off the child and visitation is not in the home of the child and other parent. However, there can be a wide variety of limitations and exceptions depending upon the parties' circumstances. You... Read more »

1 Answer | Asked in Probate for Massachusetts on
Q: How does a 69Y/O validate the change in name at the court in PR

My client needs a new birth certificate from PR. She changed her name in 1987 due to domestic violence. to get a new certificate she 'needs to validate' her name change. How does she do that?

Lillian J. LaRosa
Lillian J. LaRosa answered on Jan 9, 2020

Sounds like she needs a certified copy of the Name Change Judgment from the Court of issuance. There is probably a fee for same. Potentially there may need to be an English translation from a Court certified translator.

1 Answer | Asked in Probate for Massachusetts on
Q: I filed a Voluntary Administration Statement in Massachusetts

I filed a Voluntary Administration Statement in Massachusetts to handle my deceased mother's assets. I received an Signed Attested copy of my paperwork in the mail, signed by the Register of Probate. Does that mean I'm now the administrator of the property?

Lillian J. LaRosa
Lillian J. LaRosa answered on Jan 8, 2020

What you have is the record of having filed a Voluntary Statement , but you are not technically the administrator as you have not been appointed by the Court. However, you should be able , for example, to close out a bank account or financial account or transfer title to a motor vehicle .

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.

2 Answers | Asked in Probate and Real Estate Law for Massachusetts on
Q: Is it possible to file a claim on an estate prior to the individual passing to force it into probate?

The individual is elderly. One of her step grandsons 'befriended' her and convinced her to sign over power of attorney and in doing so had her sign multiple documents and she had no idea what she was signing (although she has all her faculties). During an application process for assisted living she... Read more »

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

It sounds like Elder Services should be contacted concerning financial abuse. There is a potential Equity action against the malfeasor to rescind the transfers and for return of funds and accounting for the use of funds. The elder person who is competent enough to terminate the former power of... Read more »

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1 Answer | Asked in Divorce and Child Support for Massachusetts on
Q: My college child has moved back in with me mother moved out of state do I still have to pay child support
Lillian J. LaRosa
Lillian J. LaRosa answered on Dec 31, 2019

It sounds like you will need a Modification in order to terminate the child support to mother. Are you still living in the original state where your orders issued from? If so, then the Court still has jurisdiction over the child support. If the "college" child is over 18 but not yet 21, not in full... Read more »

1 Answer | Asked in Divorce and Child Support for Massachusetts on
Q: Have 19 year old in college going for modification was paying for two one aged out. I pay more for college is this all

Looked at from judge

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

There is a college contribution based upon UMass in state resident rates, so, for example, if you are paying over the anticipated maximum amount for the child in college, the weekly child support could be revisited by the Court in a Modification. You should contact your divorce attorney or a... Read more »

1 Answer | Asked in Divorce and Child Support for Massachusetts on
Q: Hi I’m divorced two boys one turning 23 this month does my payment get cut in half ?
Lillian J. LaRosa
Lillian J. LaRosa answered on Dec 27, 2019

If the older child turned 23 the Child Support Guidelines for the one child -who I am assuming is a minor or at least is unemancipated-would need to be calculated for a Modification Petition, it is not an automatic divide by 2 situation. You should meet with a divorce practitioner who can discuss... Read more »

2 Answers | Asked in Immigration Law for Massachusetts on
Q: I’m here on a H-1B visa( under my husband) but want to divorce my husband. How do I go about doing so?

My husband has done everything to make sure I’m his puppet that just sits at home, it even gets physical. I’m trying to go stay with other family that’s out of the state I’m in but, he is threatening to report me to the company that we’re under with the h-1b visa with. Can he do that? I... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Dec 20, 2019

You need to contact an Immigration attorney who also advises on divorce matters as soon as possible.

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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 .

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