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Questions Answered by Lillian J. LaRosa
1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: I am looking for a pro bono lawyer to represent my 15 year old. She would like to live with me full time. Thank you

About three years ago my ex husband suffered three ischemic strokes which altered him. I was a stay at home mom for 13 years and one day come home to being kicked out, he retained a lawyer, I was left powerless. I lost custody of my kids after a long battle I couldnt win. It took a long emotional... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 21, 2021

Since your 15 year old has been with you and apparently wants to stay with you , this is a Modification of custody complaint which you would be bringing. At 15 your child would have a voice about her primary residence and would still have visitation with father. It is unfortunate that you have not... Read more »

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: How do I transfer a residential property I own in Puerto Rico to my brother who currently lives in the home?
Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 20, 2021

A Puerto Rico based attorney could best answer that question- it would seem to be by a Deed or transfer instrument.

1 Answer | Asked in Child Support and Divorce for Massachusetts on
Q: How to prevent college support when not in current order where no relationship exists? (Parental Alienation)

Massachusetts. Children. No Physical custody, No relationship exists. Joint Legal custody. Mother has alienated and isolated father from children's lives. Children are reaching age of college. Father is not in a financial position to support college and also does not desire to support college... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 20, 2021

The Court will be aware of he Contempt filings and you should pursue them if you have not obtained Summonses with hearing dates , make contact with the Court. The Court would determine child support and college contributions of the parties and can consider the overall circumstances. However, be... Read more »

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Process for having someone's name removed from a mortgage. We are not married.
Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 15, 2021

Usually this entails a refinance, but it is possible your mortgage lender would work with you on a "novation" to just your name if they feel you qualify.

2 Answers | Asked in Estate Planning, Elder Law and Probate for Massachusetts on
Q: My dad left an irrev. trust&my sister & I are co-trustees. Everything's split 50/50.Is it legal for her to take things

My father passed away and left an irrevocable trust. My sister and I are co-executors and everything is divided 50/50. She has gone behind my back and taken things (of significant value). Is that legal and if not what can I do to stop her? My sister and I have been estranged for many years so there... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 12, 2021

There are 2 issues raised by your question. The first one is concerning the terms of the Irrevocable Trust- is your sibling co-Trustee and also a co-Personal Representative under a Will? A Trustee has fiduciary duties and cannot self-deal without incurring liability for misconduct which is the... Read more »

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1 Answer | Asked in Child Custody for Massachusetts on
Q: I am in a custody battle, with potential trial in August. My fiance and I are getting married

I left my ex when he was cheating again and he then moved in, knocked up and married the other woman. 50/50 verbal agreement was working the best possible. 1 year later I took my ex to court because he began withholding our children from me when I told him I was in a serious relationship. We have a... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 9, 2021

So, domestic abuse is a serious allegation and you have not stated the outcome of the charge(s) either. The Court would need to find that there is no risk to the children from being around this individual despite your romantic attachment and the Court could potentially grant father custody. Having... Read more »

1 Answer | Asked in Domestic Violence, Family Law and Child Custody for Massachusetts on
Q: Can family judges be changed? Are children supposed to be removed when their parent has a restraining order on them?

I've had the same biased judge since 2013 who is never on my side despite the evidence. I filed an ex parte hearing due to my 15 year old daughter's father almost killing his wife by strangulation. The wife has a restraining order on him. I arrived with police to witness the father, wife,... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 7, 2021

The Court assigns the Judges usually by docket number and unless there is a reason for the Judge to recuse, it is very difficult to change the Judge assigned. If your 15 year old is unsafe or unhappy due to what is occurring with her father and his household, then you can seek a Modification and... Read more »

1 Answer | Asked in Probate for Massachusetts on
Q: If you have very little money to pay for probate process, what options are available?

Yes. We tentatively signed up with an estate law firm and were told we'd have to wait a full year to get anything from my sister's estate.

Then, when I prodded, they admitted they might be able to give a "partial distribution" All this leaves me with many questions... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 6, 2021

Estate administration is an area of practice specialty and practitioners advise as to the law and also based on their familiarity with problems that can occur along the way. It is best practice not to make any payouts in distribution until the extent of the estate's liabilities is fully known... Read more »

1 Answer | Asked in Estate Planning, Civil Litigation, Elder Law and Probate for Massachusetts on
Q: Can an alternate designation written on a will (not a beneficiary) supersede the Heirs-at-law?

A second cousin is named as an alternate in a will. The first cousins are the heirs-at-law. The second cousin is contesting the will.

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 28, 2021

If the devisees under the Will are all alive, then it would seem that an alternate designated or conditional beneficiary-devisee would not take under the Will. If the Will is disallowed the heirs under intestacy would take.

1 Answer | Asked in Divorce for Massachusetts on
Q: Final divorce decree in MA gives me medical decision making - can ex choose a provider and make appt without asking me?

Thank you - yes, we have 2 minor children, I have primary physical custody, and we have shared legal custody but I have medical decision making.

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 22, 2021

Presumably you are talking about medical decision-making concerning the minor child of the parties? If si, and you have been granted decision-making authority the other parent is therefore not authorized to select the provider and make the appointment at all!

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: The father of my child doesn't pay child support and he is also not on the birth certificate.

He has never met his child and we have had zero contact. I am just curious as to what some of my options might be going forward.

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 21, 2021

You can commence a Paternity action and seek support orders; both parties have the duty to support their child and if there are public benefits involved, the government has the ability to go forward to seek paternity adjudication regardless of whether you are interested in pursuing the matter.

1 Answer | Asked in Probate for Massachusetts on
Q: Does a successful motion-to-dismiss cancel a pre-trail in Massachusetts?
Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 16, 2021

Yes.

1 Answer | Asked in Probate for Massachusetts on
Q: In Massachusetts can poorly written objections (contesting a will) be dismissed with out a pre-trail.

Objection states no wrong-doing nor does it offer any evidence of wrong-doing. It only implies wrong-doing. Is there a process in which pre-trail can be canceled? Can an order of dismissal be serviced without conference/pre-trail?

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 16, 2021

If the Appearance and Objections/Affidavit were timely filed then a Motion to Strike may work.

1 Answer | Asked in Child Custody for Massachusetts on
Q: If my custody agreement doesn’t have a specific pick up time listed for vaca can I ask to have my child at 5am

There isn’t a time listed but date is approved.

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 15, 2021

So if this is an unusual time for pick up for regular visitation then the other party may not agree to provide the child at that hour.

1 Answer | Asked in Landlord - Tenant and Probate for Massachusetts on
Q: My mother died in January of covid.

My mother was in a nursing home for 3 years when she died. My brother asked to move into her home 2 years ago. My mother has a will, but my sister and I were concerned because my brother is a person who does not pay his bills. We had the estate lawyer draw up an agreement that basically said my... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 8, 2021

As PR you may seek an equity action against him for losses to the estate and seeking to offset against his share of the estate under the Will.

1 Answer | Asked in Real Estate Law and Banking for Massachusetts on
Q: There has been no answers and the 20 days is now 35.
Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 7, 2021

No question is posed to respond to .

1 Answer | Asked in Child Custody, Child Support and Divorce for Massachusetts on
Q: Family/Divorce: Hi, I am finalizing divorce in Canada but we are both Americans. Can my ex file for divorce in US?

How to protect my parenting rights agreed on if in different jurisdiction?

We are relocating to US, different states!

Thanks

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 4, 2021

If the children were not living in Massachusetts for the last 6 months or more, Massachusetts would not have jurisdiction of the children unless the parties agree or agreed that Massachusetts would have jurisdiction .

1 Answer | Asked in Estate Planning, Family Law, Child Custody and Child Support for Massachusetts on
Q: If divorced parents were approved to withhold child support, can a support order be modified saying they did not pay?

If there is a uniform support order, and divorce was mediated and both parents waived having one pay child support, with notations by the Judge in the order, can another person modify the order stating that the parent didn't ever pay child support? The parent who supported is deceased.

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 2, 2021

This is a very confusing question , particularly if a Modification is being sought against an estate? If there is not an order of child support, is there an order relative to life insurance?

1 Answer | Asked in Contracts and Real Estate Law for Massachusetts on
Q: If a real estate contract states certain property to be conveyed 90 days after sale can it be conveyed 21 years later?

Without informing me?

Lillian J. LaRosa
Lillian J. LaRosa answered on May 24, 2021

There seems to be a Purchase and Sale Agreement you are talking about? If so there would be a closing date for transfer of title. The 21 years later part of your question makes no sense and your statement "without informing me" makes no sense .

1 Answer | Asked in Estate Planning and Real Estate Law for Massachusetts on
Q: I own my home and have two children. My boyfriend is living with me, legally does he have any rights to my property?
Lillian J. LaRosa
Lillian J. LaRosa answered on May 20, 2021

It sounds like he is not on the title and did not pay toward its acquisition. Sharing living expenses should not result in an equitable interest. However, if he makes renovations or additions or pays for major pricey repairs, this could be problematic .

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