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Questions Answered by Lillian J. LaRosa
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... Read 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... Read 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.... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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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1 Answer | Asked in Divorce for Massachusetts on
Q: Can I make a correction to my testimony in my divorce?

My husband said I put $50,000 in his IRA and I agreed with him in court but I only put $25,000 - I put $50,000 in our iras combined - is there a way I can tell the judge this - I am able to prove it - my laywer says no but that seems unfair

Lillian J. LaRosa
Lillian J. LaRosa
answered on Oct 18, 2022

So was this at the divorce trial? If the trial is ongoing then I believe if requested by the parties they can jointly amend the record by stipulation or Motion as you apparently answered a question too quickly!! Perhaps a Motion to seek correction of testimony would work. If the trial is over and... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for Massachusetts on
Q: Parties agree to contribute to child's educational expenses ~according to their respective abilities at the time."

Ambiguous. Who decides ability? Can parent have a savings account or be concerned someone is going to say "S/He has money?" Child is 20 years old in college and is capable of supporting self but lives with one parent.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Oct 17, 2022

A child in college full-time is not considered to be emancipated and the duty to pay child support and make college contribution exists. Where there is an indefinite percentage or sum indicated there is likely a basis for court review in a Modification proceeding. The current Massachusetts child... Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: Would I have a good chance of being awarded our house if I divorce him?

My husband lost his job 7 years ago and has not worked since. I am disabled and have been paying all of the bills. He applied for early retirement at 55 (he is now 57) and only gets $600 a month. He pays for gas for the car, that's it. A few months after he lost his job we were behind on our... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Oct 17, 2022

If these are the facts, then you have am argument to make to the Court that the equities are on your side of the balance sheet, but you should engage a divorce attorney and not try to present this information yourself. Divorce is not a paint by the numbers or press the lever and get the outcome... Read more »

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: I have a real estate lawyer doing my purchase and sales agreement why would he give it to the buyer's first??

The house that I am saying is a affordable unit through housing authority that I have owned for over 20 years there is a deed Rider that I do not understand but I thought I would get to see the purchase and sales first

Lillian J. LaRosa
Lillian J. LaRosa
answered on Oct 12, 2022

You should talk to your lawyer about your questions and find out from them why you did not see the P & S before the purchaser and if you are not comfortable with your counsel you should seek other counsel ASAP as in the real estate sphere "time is of the essence".

1 Answer | Asked in Estate Planning and Real Estate Law for Massachusetts on
Q: What are my options regarding my fathers behind on many payments and about to die?

My father is 25000 behind on the mortgage and 12000 for utilities. I am due to inherit the house as stated by him and as I’m next of kin also. I don’t know exactly what will happen if he passes with debt since his cancer is bad and due to pass soon. I want to know what my options are that will... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Oct 3, 2022

Will you be the sole heir? Is he a Massachusetts resident? If you are the sole heir, then you may be able to take over the mortgage through what is referred to as a "novation" with the mortgage company if that is something the company offers or you may be able to refinance the... Read more »

1 Answer | Asked in Elder Law for Massachusetts on
Q: I was sent a demand letter from my father's Nursing Home Attorney. Demand payment of his balance with a Chapter 109A .

Uniform Fraudulent Transfer Act. My dad was a resident at Life Care Center Billerica, MA from May 25, 2021 - July 11, 2022(death). I had him transfer House deed to me and my sister in Sept 2021 recorded on 10/8/2021. His balance is 8,600. I was aware of the balance, however, explained how he has... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 26, 2022

So, there was a house transfer close to the date of death and includable in the lookback period so that there probably would not have been Medicaid/MassHealth eligibility . Contact a Medicaid specialist on this issue ASAP to present your set of facts to see if there is something recommended at... Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: Are the spouses of the divorce permitted to cancel the case prior to the final trial or select the broker?

In this case, both lawyers decided to sell the property (house), and select the broker. They agreed to give the spouses 5% of the house value to get an apartment and keep the remainder in escrow until the case is finalized because the spouses disagree on the percentage split. Will the escrow... Read more »

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

You would need to notify your counsel that this deal may not be viable due to the lack of income for an apartment and you have not stated what State you are in so the laws of that State are applicable with regard to child support and alimony.

1 Answer | Asked in Probate for Massachusetts on
Q: HUSBAND DIED with no will then WIFE DIED 2 months later WITHOUT CLAIMING INHERITANCE, who inherits the deceased husband?

MASSACHUSETTS - HUSBAND DIED with no will, and his WIFE DIED 2 months later WITHOUT CLAIMING INHERITANCE of husband, can the SIBLING OF THE DECEASED HUSBAND inherit him? The husband had NO children and parents NOR does the wife.

Did the wife AUTOMATICALLY get the inheritance, or did she... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 2, 2022

Assuming the decedents were Massachusetts residents and there was no Will and that the husband had no children from a prior relationship, the wife would still be the heir . If there was a Will excluding her you have not so stated.

1 Answer | Asked in Family Law and Probate for Massachusetts on
Q: My step mother had contacted me 3 years after my dads passing for myself and my sister to sign to make her executer

When my dad passed away 3 years ago he had no assets including house cars or property. She had randomly reached out tonight asking us to sign and make her executer of his “estate”. How should we proceed?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 2, 2022

First of all , was he a resident of Massachusetts? If so ,Is it a Late and Limited Petition? Because a regular estate post 3 years is not available. The Late and LImited Petition is just that- a filing to determine title to assets inasmuch as the 3 years post date of death has passed.

1 Answer | Asked in Divorce and Child Support for Massachusetts on
Q: Can I deny my wife's request for an increase in child support since we are still married and do not have a court order?

I am married, but have been separated from my wife for 15 years. We have two children together, so I have been paying child support per a verbal agreement between my wife & I. She has raised my payments many times over the years any time her rent increased. Now, both children are over 18 and... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 30, 2022

You are not under any Court Order and there is no proceeding pending in any Court correct? Then everything you have done is voluntary and the longer you stay married the more complicated your divorce get!!! If you die then she is your heir!!! Get a lawyer contact pro bono law school programs.

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