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Questions Answered by Lillian J. LaRosa
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 .

1 Answer | Asked in Divorce for Massachusetts on
Q: My partner and I are in MA and planning a divorce. Can we file while selling our house?

We are going to file uncontested and we have written up a separation agreement. MA law says that we can file in the state if “you have lived in the state for one year, or if the reason the marriage ended happened in Massachusetts and you have lived in Massachusetts as a couple.”

I... Read more »

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

You have not stated how title to the real estate is held. Be very careful at the closing to get your check and the best way to do this is to have an attorney involved at least to review your Separation Agreement terms and Financial Statements and self-disclosure docs. and make sure all goes ok with... Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: Divorce Question

My husband recently asked me for a divorce after a discussion with him I accepted that our marriage was over. We have not filed any paperwork yet. The other day he told me he was going to bring a girlfriend over to our marital home. I told him absolutely not. Is this OK? He did not bring the girl... Read more »

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

You can commence divorce proceedings to obtain orders that he vacate the marital home and potentially for spousal support depending upon your circumstances. You should have counsel to represent you as he seems to be trying to upset you and overwhelm you. Also, see your primary care physician or... Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: I am legally married but have not been with my wife is more than 10 years.

I cant locate her at this point and wanted to know what my options are to get legally divorced.

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

First of all, were you and she living in Massachusetts at some point during the marriage so that is this the place of the marriage break down occurrence ? Were there property interests acquired here in Massachusetts? If there is a connection with this state then on Motion for Alternate Service a... Read more »

2 Answers | Asked in Divorce and Real Estate Law for Massachusetts on
Q: How do I have my Ex husband removed from the deed of our home? The divorce from 2017 states the house is to be mine.

I had a quit claim deed written up last year but he refuses to sign it. Used the law office of Donahue, Rauscher and McGrail to have this done. We didn't use legal aid when we got our divorce. I am in the process of having my loan modified and would like it in my name only as I am the owner... Read more »

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

So, if your Separation Agreement states he is to relinquish title to you to the real estate, is there a provision concerning the procedure and timing of same, i.e., at refinance closing or sale or a date certain? If there is not a trigger or defined date you should have your attorney pursue a... Read more »

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1 Answer | Asked in Real Estate Law, Landlord - Tenant and Probate for Massachusetts on
Q: Hello, I have a question about releasing rights under homestead.

My mother and her sister are deeded owners of our home. In 2018 the deed was re-filed to include my mom and also release homestead rights for her sisters husband. The married co-owner has since deceased and we are making sure the release of homestead clause ensures he has no right or legal... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Apr 26, 2021

Your question is unclear and I suggest that you should state whether the last deed has more than one grantee listed and if so, does it state that the grantees are joint tenants with the right of survivorship and not tenants in common? Homestead waivers are separate documents. You should also have a... Read more »

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: my boyfriend is 19 and he is having a hard time with his mom who wants to send him back to PR with his dad can he decide

his mom wants to send him to his father whom did not treat him well as a child, he is 19 going to 20 in june will he have a day in this?

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

Unless he is under guardianship due to disability, he is an adult and can live elsewhere.

1 Answer | Asked in Child Custody, Divorce and Family Law for Massachusetts on
Q: Can a child request a custody change if they feel they are being mentally abused?

I have split parents, they have been divorced since I was 5. My mother has been abusing me mentally. I know this always gets over looked as the child overreacting but this isn’t some joke. My parents have equal custody, can I request to live with my good parent?

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

If you are being mentally abused, have you told a Mandated Reporter such as a pediatrician , social worker, mental health counselor, psychologist, or school guidance counselor or school official or DCF hotline # about this matter and the underlying facts which constitute mental abuse? Is the... Read more »

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