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Questions Answered by Lillian J. LaRosa
1 Answer | Asked in Real Estate Law for Massachusetts on
Q: My home was shot up with me and my kids in side. Then 3 days later it happen again but we were not in the house the

Second time. I provide a written letter on how we were told by the police to not go back and it was unsafe. Now they are trying to collect for un paid rent and damages from the bullets and the condition of the home. Can I appeal due to General Rules

Section 8-112 - Termination of tenancy... Read more »

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

You need Landlord Tenant counsel rather than real estate counsel.

1 Answer | Asked in Real Estate Law and Probate for Massachusetts on
Q: My father owns a home but does not live in it, my sister is living In it. My dad has a will and leaves estate to both

of us. how does my sister living in this house currently impact that? does she have rights to keep the house and not sell if my dad passes?

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 18, 2021

The terms of the Will govern and whether or not there are debts and liens to be paid by the estate are also considerations for the Personal Representative. If the property is left to both of you, you can also seek reasonable rents. Sometimes the other devisee is interested in purchasing the other... Read more »

2 Answers | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Massachusetts on
Q: Hello, I'm have an issue with a landlord that is not returning a deposit and it has been well over 30 days.

It was a month to month lease. No Damages. She has retained a lawyer. I have reached out to him, given him details last week via a text, he has not not responded to my calls or messages.

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 14, 2021

You have a consumer protection violation and should seek this type of legal representation as landlord's failure to respond with an appropriate settlement within the period of the 30 days from date of receipt of the claim properly made is also actionable and you may be awarded reasonable legal... Read more »

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1 Answer | Asked in Divorce for Massachusetts on
Q: Spousal support Asked in no fault divorce In Mass by affluential husband (earning nearly 200k)unnecessarily

My 6 figure earning husband is asking for spousal support from me after filing no fault divorce in Mass. He deserted me 2 yrs ago and we were only married for 1.5 yrs married (no kids, no property, no joint money). He is well educated and has fancy tech job. As a woman, i was told that i cant ask... Read more »

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

Spousal support/alimony is statutory and limited by length of marriage and time cohabiting prior to same as well as income differential based on your facts as you have presented it does not look like a viable claim. However, you should still be represented by counsel in a divorce proceeding ,... Read more »

2 Answers | Asked in Family Law and Child Custody for Massachusetts on
Q: Does a lawyer have to file a notice of appearance before a court date?

Can someone just show up to court with a lawyer that they previously did not have?

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

Basically you can hire counsel as long as you find one who will take your case. Occasionally counsel is brought in late in the proceedings and asks for a Continuance which the Court can allow. This may be the concern you have- delay of the proceedings. Occasionally counsel brought in may have a... Read more »

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1 Answer | Asked in Family Law, Adoption and Child Custody for Massachusetts on
Q: Does a reliquish of rights go I to affect the day it was signed. It was done in front of a notary public and witnesses

It is stamped, signed and dated and filed into court

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

It has to be filed with the Court and acted upon to take effect. If you have second thoughts you really should have counsel represent you!!

2 Answers | Asked in Child Custody for Massachusetts on
Q: Can I talk to my sons doctors/providers about his treatment while emergency temporary custody is with his grandparents?

I was just informed that my sons paternal grandparents filed, and were granted, emergency temporary custody of my son while I was receiving inpatient treatment for my mental health. I also just learned he has been hospitalized for suicidal ideation, which I was not informed of at all. I have always... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 14, 2021

It appears that you will need legal representation in a guardianship dispute and you can file a Motion for appointment of counsel by the Court if you are indigent. If you are not indigent then you should engage counsel once you are able to do so. It appears that you will need to take care of your... Read more »

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1 Answer | Asked in Child Custody for Massachusetts on
Q: Our best friend (49) had a child last year. She asked us to sign an emergency guardian proxy. Should we?

The child is now 1 year old. Our friend is 49 and her boyfriend is 53. They are currently together but he was divorced twice. They are asking me and my wife to sign a guardianship proxy. Should we? What is the risk to us?

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

Are you indicating that you are not willing to serve as the child's guardian if needed to fulfil the role? If so you would need to make that clear to the parents so that they can have others in place. In Massachusetts there is a distinction between guardianship and conservatorship as the... Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: My dad was to receive a portion of my mother’s retirement after they divorced. My father passed before she retired. Wha
Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 7, 2021

Are you the Personal Rep for his estate? If so ,Was there a QDRO? The terms of the QDRO should be reviewed along with the Divorce/Separation Agreement.

1 Answer | Asked in Estate Planning, Patents (Intellectual Property) and Probate for Massachusetts on
Q: Is this possible and how can I fix this or what do I do?

My father passed away unexpectedly a couple months ago. June 12th to be exact and a month later after his funeral, I filed intestate probate as he had no will. He had debt and expenses, but his parents took care of it. After legally doing all the paperwork for probate it was done within 3 weeks... Read more »

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

If you are appointed Personal Representative of his estate you can and should obtain information from the Registry of Motor Vehicles about the title and transfer information. If assets or monies were stolen from the estate then you may be advised to pursue the parents depending upon whether the sum... Read more »

1 Answer | Asked in Child Custody, Child Support, Civil Rights and Probate for Massachusetts on
Q: What do I do if I’m paying child support and being denied visitation rights to my daughter
Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 3, 2021

If you have a visitation order or a Judgment that states the terms of visitation and are being denied visitation , then there appear to be grounds for a Contempt action unless there is something happening which is inimical to the child's best interests in which case the custodial parent... Read more »

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Real Estate attorney had me sign quitclaim and contract selling properties to my ex, have not received docs with his sig

Met with Real Estate attorney Thursday morning to sign 2 quitclaim deeds and a contract selling my share of joint properties over to my ex husband... He told me not to cash any checks, he would be meeting with my ex to get his signatures later that day, and would send me all signed documents that... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 23, 2021

Usually attorneys have clients execute documents and then hold the documents while awaiting checks to be received such as checks from mortgage companies funding refinances for example.

1 Answer | Asked in Probate for Massachusetts on
Q: In Massachusetts, are legal set-offs allowed for settling loan from the estate prior to filing for voluntary probate?

A Massachusetts parent provides an unsecured loan to one son, the remaining principle of which is more than the voluntary probate estate value ceiling of $25K. The other son is executor. The parent's will specifies that the remaining loan should be subtracted from the debtor son's share... Read more »

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

Your question has many components and demonstrates the need of advice of counsel! Little information is given as to whether this was a promissory note or not , nor when the decedents died in relationship to each other. Masshealth may also have a lien.

1 Answer | Asked in Personal Injury for Massachusetts on
Q: Good morning. why am I unable to find representation on an assault case? as a plaintiff.

seems as though lawyers only want to handle cases involving corporations or insurance and ignore those who need a lawyer for a person vs person case.

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 19, 2021

If the assaulting individual is not insured which is often the case as insurance coverage usually excludes willful acts and the assaulting person unless seriously mentally ill is acting willfully when assaulting another. Lawyers need to make a living like everyone else and unless the individual... Read more »

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: Can I get a lawyer for my 13 year old daughter concerning child custody and her not wanting to see her father?
Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 17, 2021

Your counsel can file a Motion requesting the appointment of counsel for the child. The Court may also determine to appoint a Guardian Ad Litem to investigate and report to the Court concerning the best interests of the child in custody and visitation matters.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Can the keys to my new apartment be withheld over broker fee even though a disclosure wasn’t signed at first meeting?

I signed a lease for an apartment in the state of Massachusetts and I paid first months rent and the security deposit as that is all the lease said to pay. This check has already been cashed by the landlord. The broker is now saying I owe them one months rent in fees and that I cannot move in until... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 13, 2021

It sounds like the realtor is interfering with the lease. You should contact a consumer protection and landlord tenant attorney to address this!

1 Answer | Asked in Divorce for Massachusetts on
Q: How do I file for divorce if I am only in the USA for five months?

I am german, my husband is american living in PA. I will be in MA in Septmeber on a J1 student visa. Since we seperated in January he has been stalking and threatening me so i want to file for a divorce and restraining order as soon as i get to the US. As i do not meet the residency requirements in... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 5, 2021

If you are being threatened- placed in fear of your safety by husband while you are here in Massachusetts you can potentially obtain an abuse protection order from the district court for the location where you are staying seeking restraint that he not contact you and stay away from your home,... Read more »

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 »

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