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Questions Answered by Lillian J. LaRosa
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.

1 Answer | Asked in Divorce and Child Support for Massachusetts on
Q: If my ex needs to go to therapy for a fractured relationship with our child, am I responsible for half ?

We do share medical expenses, but is therapy included in that umbrella?

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 4, 2019

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.

1 Answer | Asked in Child Custody for Massachusetts on
Q: Hello I am wondering about custody agreements. My exhusband doesn’t follow the agreed to schedule of custody.

Our agreement states he is to have custody certain days and hours. He often doesn’t take him at all with little or no notice. It is effecting my job. He also does not cover his half of medical or other expenses. My son has some health issues and this expense can be a lot. I can’t afford an... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 3, 2019

It appears that he is in Contempt of your agreement if it was embodied in a Court Order or Judgment. If so, you can file a Contempt Complaint and also a Modification petition of Visitation and also potentially of Child Support if your child's health issues will be ongoing for a significant period... Read more »

3 Answers | Asked in Divorce for Massachusetts on
Q: If both parties want a divorce and don’t share any assets or kids do they still have to give financial documents?
Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 24, 2019

Yes, the Probate & Family Court Judge needs to ascertain whether the provisions of a Separation Agreement are fair and reasonable in view of the parties' circumstances and hence, requires the completed and sworn to Financial Statements on the Court's Financial Statement form from both parties.

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1 Answer | Asked in Child Custody for Massachusetts on
Q: My ex lost child to CPS. I was contacted. How do I go about getting custody back from the state?

12 years ago my girlfriend left me and moved away with the child. No idea where. She remarried, had another child, did the same thing to him. He reached out and we tried to track her down unsuccessfully. Found out from him that he left her after she became an addict. She's also been committed for... Read more »

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

You need to establish paternity as it appears you have not done so before. You will also need to seek custody and cooperate with the DCF. I urge you to engage counsel ASAP.

1 Answer | Asked in Child Custody for Massachusetts on
Q: My parents have had custody for 5.5 years.....alot of stuff has gone down but i recently moved in with my parents

In doing so i realized my parents are now alcholics and they verbally abuse me and have outrageous standards and rules for me....I pay child support.....i pay for them for taking care of my son (who i want back mind you) but I am trying to get out of fighting them i want them to just give him to... Read more »

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

Is this a guardianship of minor case? If so then you can petition the Probate Court and if you are indigent you can also request counsel be appointed on your behalf.

1 Answer | Asked in Probate for Massachusetts on
Q: Massachusetts Probate- can you demand a hair follicle retest? Or contest the results?

Agreed to a hair follicle test because my ex wife who had questionable urine results would only do one if I did. I only smoke cannabis and have nothing to hide. Results came back negative for THC but positive for HEROIN!!! NEVER IN MY LIFE HAVE I USED HEROIN. Been smoking pot for 19years on a... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 19, 2019

You should have a prompt visit to your physician about your results and consider engaging counsel to represent you.

1 Answer | Asked in Elder Law, Estate Planning and Probate for Massachusetts on
Q: My parents reside in Tennessee and my father passed away a few months ago. My mom started to work with a lawyer...

I live in the Northeast and have struggled to ensure that she is handling financial matters without issue. We had tremendous difficulty understanding what my father had set up financially. Took a while to find the will also. She started working with a lawyer to update her will that had not been... Read more »

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

Do you have agency under the power of attorney? - if so then you can act on her behalf id you have possession of same. Otherwise you will need a Tennessee attorney who specializes in conservatorships to have yourself appointed as such or at least to advise you on what your options are.

1 Answer | Asked in Probate for Massachusetts on
Q: I am named as executor and heir in my mothers notarized will. Must I probate to be official and get her medical records?

My mother has no real estate,car or valuables. Her bank accounts are joint, Her life insurance policies all have a beneficiary. I see 3 choices, formal, informal and voluntary. Which would I choose?

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 13, 2019

Why are you needing her medical records? Is there a wrongful death or workers compensation claim ? Had she had an injury claim that took place but was not the cause of her death? These situations call for a Personal Representative to be appointed by the Probate Court either Formal or Informal... Read more »

1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: I have 2 children, one of which just moved in with me. I live out of state. How can I file a child support modificati

Both parents mutually agreed that our 16 year old would move to New York and enroll in schooling. We cannot agree on a modification of support. Is there a way to have the support (and custody) modified without having to appear in court or hire a lawyer? The process seems fairly straight forward... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 13, 2019

There should be a Joint Modification Petition and Agreement and Financial Statements of both parties and if the MDOR is involved they need to be notified as well. You can go on the state website for the forms. Child support should be under the child support guidelines which are driven by the... Read more »

1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: I hace 3 kids not married have not gone to court i make $800 a week giving mother $500 a week she says not enough

Oldest child is not biological but have been there since she was born shes my daughter mother gets support from biological dad but i wabt to nake sure support is for all 3 kids

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

Child support is determined by application of the Child Support Guidelines and you are not under legal obligation for the child who is not your biological child.

1 Answer | Asked in Divorce for Massachusetts on
Q: Is it possible to apply for a home loan or credit card to help re-establish credit before the divorce is finalized?

In the middle of the divorce process, just waiting for the pre trial hearing. Wondering what the process was for applying for a loan or steps that need to be taken to get that approved. Thank you.

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

Due to the automatic restraining order on both parties once a divorce complaint is filed and served, unless there is an agreement that you apply for credit it is pre-mature and could be basis for a Contempt Complaint against you if you obtain a credit line or loan. Without knowing the details of... Read more »

2 Answers | Asked in Probate for Massachusetts on
Q: does an older sibling have a higher right to appointment? Must we list all siblings when filing probate?

Our Mom listed one executor, the middle child as the executor in her signed and witnessed will. It was also stamped by a notary. When we are filing for probate for her estate, does the older sibling have a higher right to assignment? And must we add all 3 siblings or just the one our Mom wanted to... Read more »

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

If the middle child is designated the executor ( Personal Representative )then he or she would usually be the Petitioner for Probate of the Will. All siblings would be notified along with any surviving spouse. You are unclear about what the process is and should engage counsel .

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1 Answer | Asked in Divorce for Massachusetts on
Q: I’m an alien married to an American citizen. I’m pregnant. I want a divorce. My husband won’t accept it. What can I do?

I have no means and I’m afraid to have my child taken away as I’m not a citizen only a permanent resident. Im also afraid of being homeless or in financial distress if my husband decides to withdraw support or if i just leave. Please help me to find options.

Thank you.

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 29, 2019

Your divorcing would have no adverse effect on permanent residency and there are child support and potentially spousal support obligations to you- he just can't leave you high and dry without financial assistance. In divorce Motions for Temporary Support including insurance coverage are addressed... Read more »

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