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Questions Answered by Lillian J. LaRosa
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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1 Answer | Asked in Probate and Estate Planning for Massachusetts on
Q: How do I know if my recently deceased father left me moneys or property's? Neither his wife or daughter wont discuss it
Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 20, 2020

Assuming the decedent was a Massachusetts resident for this response- this would seem to be an easy question, but oddly it is not. As the child of the deceased you would need to be notified whether there is a Probate Petition filed regardless of whether there is no Will or If there is a Will and... Read more »

2 Answers | Asked in Probate for Massachusetts on
Q: My father passed 2018. He bought a home for me back in 2007. The loan is in his name, but the deed is in both our name.

I have been paying the mortgage until about 5 years ago. I bought a new home and I’m renting the home my father bought. We recently finished probate and everything has been settled and distributed to us 4 siblings. With the money I’m receiving, I want to pay off the house my father bought... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 19, 2020

So, depending upon how title to the property is held- was it joint tenants with the right of survivorship? In his sole name? A tenancy in common? - this can't be answered yes or no without knowing this answer .If the title was in his sole name or tenancy in common with you then it is part of... Read more »

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1 Answer | Asked in Divorce and Health Care Law for Massachusetts on
Q: Can my ex wife's company drop my health coverage after 10 years? It is ordered by the court for her to cover me.

Nothing has changed. She still has the same insurance. I was notified this year that they will no longer be carrying ex spouses. All the laws state that they must cover me.

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

Sounds like she is subjecting herself to a Contempt Complaint. Please review your separation agreement for what her obligations are and if all conditions are met and start first with a courteous explanatory letter indicating the Contempt if she removes your coverage. Your damages could well... Read more »

1 Answer | Asked in Child Custody and Family Law for Massachusetts on
Q: Could I lose custody of my child from a previous marriage because of a restraining order against my current spouse

I had filed a restraining order against my wife which was dissolved at the 10 day hearing. Since then my wife and I are working on our relationship. We are both in individual counseling and we are now both in couples counseling to try to mend our relationship and family. My dilemma is with my... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 15, 2020

So it appears that your wife has demonstrated concerning conduct sufficient for you to obtain a restraining order. You have not stated whether the child was present during the precipitating incident and the child's safety and well-being and best interests are paramount. Your wife's... Read more »

2 Answers | Asked in Real Estate Law for Massachusetts on
Q: My father passed away & left properties - if he for some reason still owes a mortgage - am I as a heir responsible?

I never co-signed for any loans!

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

The real estate is subject to the mortgage and it should either be refinanced by the heirs or be sold to pay off the mortgage.

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1 Answer | Asked in Divorce for Massachusetts on
Q: My father and mother owned a house and divorced according to the laws in Puerto Rico the house belongs to the youngest?

Which I’m the youngest But my father past and before he pasted he remarried and sold the house which lawfully belongs to me what can I do?

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

Was father a resident of Puerto Rico at the time of his death? If he was, then Puerto Rico's laws would govern.

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Massachusetts on
Q: I'm looking for legal help for my divorce.

I have a complicated situation with a seven year old, don't have job, and my husband doesn't want the divorce we have been separated for 4 years. I was hoping you could help me and point me in the right direction.

Thank you in advance,

Maria

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 6, 2020

So, depending upon your financial circumstances the Volunteer Lawyers Project of the Boston Bar Association may be able to assist you. If your husband has income and assets which are sufficient, the Probate Court can order him to pay toward your counsel fees.

1 Answer | Asked in Divorce, Family Law and Child Custody for Massachusetts on
Q: Can I stop my ex from starting a large expense cost (braces) until we agree on a payment plan with the orthodontist?

My teen recently went to live with my ex (the teen's choice) but we both have 50/50 legal. We share uninsured medicals and I technically would have to reimburse him in 30 days. He makes a lot more money than me, has a two income family, and plans on making a lump sum payment. He won't... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 5, 2020

So, was there a recent Modification of Custody and Support? If you just agreed to this division and did not list orthodontia as an extraordinary expense to be agreed upon this murkies up the waters. It can be considered an extraordinary or unnecessary expense by some Judges. Are you sure you cannot... Read more »

1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: good afternoon. I have a question concerning the legality of Massachusetts DOR and the collection of child support.

i filed a complaint for modification and custody in 2013. i asked the court to set my child support arrearage in my pleadings. Both the other parent and Mass dor were served. I received Judgement on 5/2013. per agreement i owed $10000.00 child support. Dor now states I owe mother 10,000 and THEM... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 1, 2020

You will need to have a copy of the Judgment of arrears to provide to the DOR and

have confirmation that mother is receiving support ( and arrears ) through the DOR and provide

your print out from DOR handy and ready to discuss with them. If there are no new arrears then...
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1 Answer | Asked in Family Law and Probate for Massachusetts on
Q: Can parent/guardian permanently house 33 year old daughter with epilepsy/autism?

One Parent/co-Guardian versus state - ward age 33 history of seizures/autistic characteristics. Temporarily living with me per COVID; would like her living with me permanently. State wants me to forfeit my guardianship; says it's the only way. Can you clarify or suggest alternatives?

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 1, 2020

This sounds like a DDS issue and not a guardianship issue per se.

1 Answer | Asked in Divorce and Child Support for Massachusetts on
Q: Child Support during unemployment

I lost my job back in July (Massachusetts). I will return to work next month. By the time I return to work I will have been paying full child support for 10 weeks. My child support exceeds my income (unemployment insurance) by $100 weekly so it has put a big dent in my savings.

Petitioned... Read more »

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

If the Court reduces your child support it could be retroactive to the date of service of the Modification Complaint, but you will need to address that with the Court since most orders are prospective.

1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: Father has full custody but drops my daughter off and leaves her for months at a time without helping me and mother pays

I wonder what can she do about this.

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 28, 2020

You need a Modification of Custody and Child Support Complaint/proceeding and this should be done based upon the last Judgment or Orders issued by whatever Court is involved.

1 Answer | Asked in Probate for Massachusetts on
Q: Can I file a Small Estate Affidavit in Rhode Island if Iive in Massachusetts?

My brother recently died. He was a resident of Rhode Island. He had a vehicle and a small checking account. Total value of both @ $3000.00. No debt other than a small hospital bill. The issue is I live in Massachusetts. I have no relatives in Rhode Island. Can I still file a Small Estate... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 25, 2020

You really should be inquiring of a Rhode Island attorney for this information.

1 Answer | Asked in Banking, Business Law, Contracts and Real Estate Law for Massachusetts on
Q: We have signed a P&S to sell a building in MA. The deposit check is in foreign currency. Can we void the contract?

The buyers declared residency as being CA, but have moved out of the country without disclosing that information to us. We're being told the check could take 6-8 weeks to clear. It has not been deposited. Their lawyer has not responded since we contacted them about the foreign bank/foreign currency.

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

You need counsel to review the terms of your offer and acceptance and purchase and sale agreement carefully. Don't do anything at all yourself in this situation without good representation.

1 Answer | Asked in Adoption and Child Custody for Massachusetts on
Q: I need a affordable child custody attorney I am trying to get custody of my 10 yr old son hes being abused and neglected

I understand how my child is and how he acts and listens to me

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

If you are in the Bronx and the child is living in New York you will need an attorney in New York as soon as possible.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Regarding property quitclaims

My mother passed away this January and her property deed lists one of my other sisters, JB, and myself. The third sister, TH, was not on the deed, but was left everything in my mother's will, including her property. I found out that deeds take precedence over wills in MA.

JB filed a... Read more »

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

Without seeing this deed it is difficult to respond to the question other than to state that it seems that JB deeded her interest to your other sister TH and that you should still have your undivided interest in tact now along with your other sister TH instead of JB .

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