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Questions Answered by Lillian J. LaRosa
1 Answer | Asked in Divorce for Massachusetts on
Q: Do both parties have to be present when notarizing the divorce paperwork? Can it be done separately?

I want to get my signature notarized then mail the paperwork to my ex and have her do it separately. Is this possible or must we both do it together simultaneously?

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 25, 2022

Yes, this works. You don't need to be in the same room as wife and can use different notaries.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Cannot get ex tenant to pay rent, owe's me for 8 months. Yell's at me for asking. I have no money left. I am a disabled

The bad thing is he is my Son . I pay the Taxes,water, and Ins. He suppose to maintain the lawn but that is also a disaster. He made the place look so bad that I can't sell the property for a good price. And things look bad since he moved in. The first year he paid for three months then... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 25, 2022

If he had a lease and stayed over the expiration he is still a tenant and the eviction process called summary process is needed. You can contact an attorney who specifically handles landlord tenant matters and if son is disabled this would especially be advisable.

1 Answer | Asked in Divorce for Massachusetts on
Q: What does judgment of dismissal means after filing a joint petition for divorce.
Lillian J. LaRosa
Lillian J. LaRosa
answered on May 19, 2022

Your Joint Petition did not successfully go forward when heard by the Judge, hence no divorce . You should engage divorce counsel to see what was deficient or inequitable about your Separation Agreement attempt. Perhaps there was also deficiency in the documentation , e.g, Financial Statements or... Read more »

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: MA residents, mom willed CT RE to me and sister, estate probated in MA, but no deed to us. To sell how do we show title?

Sister was Executor, I was Successor, but sister probated and closed in 2006. Sister has now died and I want to sell property. How do I show title to the property?

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 19, 2022

Sorry for your loss. Was your Mom a CT resident or a MA resident? If this is a Massachusetts Probate of estate, then an Ancillary type proceeding would need to be brought in CT and you should be in contact with a CT Probate attorney ASAP.

1 Answer | Asked in Divorce for Massachusetts on
Q: Hi I have been married for 6 years and i was wondering if i qualify for alimony.
Lillian J. LaRosa
Lillian J. LaRosa
answered on May 18, 2022

Any alimony would be for 60% of the period of the marriage, so for about 43 months but the issue is ability to pay and income differential and you have not stated whether there ae any children as child support is the first consideration and effects alimony. There are also types of alimony to... Read more »

1 Answer | Asked in Child Custody for Massachusetts on
Q: Abusive father looking for custody and aggressive parenting plan dictating the entire year.I object.

Unwed mother child has lived with me since birth. Father visits but is psychologically abusive, and traumatizing to our daughter, complying with my daughters wishes I told him to stay away and give her a mental break and allow me to get her into therapy. At first he agreed begrudgingly then got... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 16, 2022

Do you have guardianship over the minor child? Over your daughter? The proceedings before the Court now are they paternity or guardianship? It would be a good idea to clarify your question and repost same or to discuss with an attorney who practices Family Law.

1 Answer | Asked in Probate for Massachusetts on
Q: Is a creditor required to file a claim against an estate with the probate court?

My brother passed away 13 months ago with over 20 different debt accounts including loans, credit cards and medical bills. I assume that the estate will be solvent, although I am still not clear about taxes from previous years (final returns have already been completed) and just recently filed... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 10, 2022

If there is not already a lien or automatic lien , then the creditors who failed to properly perfect their claims by following the statute within one year from the date of death are out of luck.

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: If a parent has lost all custody due to a restraining order, is that parent responsible for their half of child costs

Parent has lost all custody due to a restraining order being pulled against her and her boyfriend by myself, on behalf of our child. In our modified agreement/judgment prior to the restraining order, she was responsible for half of the cost of childcare, medical bills (I pay for insurance by my own... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 9, 2022

The Financial Orders are still existing and are in effect unless modified or vacated which they apparently have not been. The failure to comply entitles you to bring a Contempt action.

1 Answer | Asked in Child Support and Divorce for Massachusetts on
Q: If I have property in Puerto Rico, will it be part of division in divorce filing, if you have jurisdiction in PR?

I live w/ my son in MA and my husband lives in PR, in our property. Can I get a divorce in MA, which doesn't include the property in Puerto Rico. How long can the divorce process take?

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 4, 2022

Has husband lived in Massachusetts at all? If he never had any contacts with Massachusetts it would probably be better to contact a domestic relations practitioner there.

1 Answer | Asked in Family Law and Elder Law for Massachusetts on
Q: Have a question about my elderly mother

She was living with my sister and my sister was a domestic violence victim,he is in jail. She,my mom, has dementia,but if am the guardian of my mom can I tell elderly serviceI want my mom with my sister?

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

A guardian can make decisions in the incapacitated person's best interests and there seems to be an issue of sister's husband being a domestic abuser which could subject your mother to potential violence if I am reading your question correctly. Inasmuch as elder abuse could be claimed... Read more »

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: Does a summons have to be served in person?

Can a summons be left inside a mailbox while you are not home. The summons says it was hand delivered and the other attorney certified she hand delivered it to me. This is in the state of Massachusetts.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 29, 2022

So a summons for a divorce complaint is distinctive from other summonses and you have not specified the item service was attempted of. Once a case has been commenced notice can be served at the party's last known address.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Personal Injury for Massachusetts on
Q: Hello I'm searching for answers to questions relating to divorce, disability and what constitutes neglect or a crime

I'm disabled

Epipsy, PTSD and severe panic disorder.

After a four year criminal harassment court battle with our former duplex neighbor who was found guilty my husband who witnessed the trauma and it's damage that blew through my life. He himself after vacating our home... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 28, 2022

It sounds like you need the Probate Court's intervention in the form of Temporary Orders concerning exclusivity of possession of the home and orders concerning preservation of the asset if it is a home owned by the parties and spousal support and return of the liquidated marital funds - you... Read more »

1 Answer | Asked in Elder Law and Health Care Law for Massachusetts on
Q: My mother unexpectedly landed in a nursing home/rehab facility. Her mental status comes & goes. She's on Medicare.

I'm not positive about Medicaid. She receives $1500.00/mo from separated spouse & $200.00/mo in socal security. She has no other assets...Until...a sister died & has left her an inheritance of $200,000.00+.

She has 8 children. Our questions are, if she stays in the nursing... Read more »

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

If her mental status is in doubt then there should be a Conservator appointed by the Probae Court where mother resides to handle her finances and also a Guardian to handle her care if there are not agents under a Power of Attorney and Health Care Proxy granted authority to act by her prior to... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: Can I file for child support for my 18 year old high school student with severe mental illness

My daughter has lived with me full time for 4 years. My ex had sole custody of her legally. He hardly gave me any financial support. Since she has turned 18 he refused to help with her. She is still in high school and has a severe mental illness. I have tried taking him to court about a year ago... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 25, 2022

So the child has not graduated from high school and may have special needs also. There should be child support in accordance with the child support guidelines and you may need to once the child has completed high school seek contribution for the child's continued care via equity petition... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: have full custody of 2 of my children, they have been staying with their father for last 60 day, does he pay me still

have full custody of 2 of my children, they have been staying with their father for last 60 day, does he pay me still

Per judge on 3/18 and DCF I still have 100% custody nothing ever changed

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 20, 2022

Until the order or Judgment is modified by the Court it is still in effect.

1 Answer | Asked in Divorce, Family Law and Child Support for Massachusetts on
Q: Is my ex husband responsible for child support from the time of the order or from the time DOR gets involved?

We got an order back in January. I had no idea that I had to apply for services through the DOR, I thought they just kind of did their thing. Now I finally have the DOR involved, but they said they’re only responsible from now on. Does he still owe from the 14 weeks since the order was made? Or... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 19, 2022

Yes, he owes the 14 weeks during which he neither paid MDOR nor you. You may use the MDOR to proceed with a Contempt to enforce the back child support order/calculate the arrears. You will need to complete their application for same.

2 Answers | Asked in Divorce for Massachusetts on
Q: Do I need my ex to sign the divorce papers?

I live in mass. I have believed I was divorced from my ex for 10 years. Papers were filled out and apparently we missed the final hearing or it went to her and she neglected to tell me.. Well now I want it done and she won’t sign papers again.. Can I just go in front of judge and explain this?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 19, 2022

Your recourse is to have a divorce complaint filed in the appropriate jurisdiction and venue and the process of divorce commenced. If the other party does not agree to a proposed separation agreement you do not have an uncontested Massachusetts 1A Joint Petition. You should have counsel as you are... Read more »

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1 Answer | Asked in Family Law, Child Custody and Civil Rights for Massachusetts on
Q: My Dcf worker said that in order to close my Dcf case, they have to verify with my Children’s doctors and school.

Every visit he has tried to get me to sign a release of information. Today he asked for verbal consent. Every single time I said no. I want to keep Dcf separate with all entities and don’t want my Children’s doctors or school to know about their Dcf case. Is this true? They have to speak with... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 15, 2022

Schools and doctors have mandated reporter requirements if abuse or neglect is suspected. The DCF is the agency to whom they would report concerns . The DCF would investigate whether there is a supported claim and take action accordingly. Lack of cooperation usually does not reflect well.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: MA superior Ct has judged mortgage company to be in default, but did not declare the note void. can I sue for damages?

Mortgage co was unreachable from 2018 to 2022. If homeowner defaults, homeowner loses house. But if bank defaults, no penalty? Is there any recourse in addition to MGL 183 section 54D?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 14, 2022

If this is a default in the nature of a failure to Answer a duly served Complaint, the case would proceed to assessment of damages. However, it is common that a Motion to Remove Default would be filed at some point by the defendant.

2 Answers | Asked in Probate for Massachusetts on
Q: Can a person who is physically unable to manage the duties of executor to an estate because of grave illness renounce ?

Person would need to turn over to responsible party if the courts of possible

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 13, 2022

If you are not already serving as a Personal Representative, then there should be a successor to seek appointment along with your declination. Depending upon the terms of the Will involved a successor may already be designated or perhaps you have authority to nominate a successor.

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