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Questions Answered by Lillian J. LaRosa
1 Answer | Asked in Probate for Massachusetts on
Q: Is Voluntary Administration Statement in Massachusetts publicly available, like the way deeds and land documents are?

If I file a Voluntary Administration Statement, does that mean that the Probate Court does not keep a record of that statement (since I would not be going through the probate process)? In other words, would there basically be no record of the statement for public access?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 1, 2024

You can check the Public Court docket for the Probate & Family Court and some Courts

also provide certain images of documents filed.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for Massachusetts on
Q: Can my grandson take my house away from me?

My mother-in-law lost her husband 10 years ago. The grandson who has been living there with them rent free for over 20 years is now trying to take the house away from her. My mother-in- law is 83 years old and is alert, drives a car and manages and pays all the bills. She thinks the grandson stole... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Nov 17, 2023

If she is missing her Will she can "replace" it by doing a new one if she is competent.

2 Answers | Asked in Contracts, Family Law and Landlord - Tenant for Massachusetts on
Q: Co-tenants signed lease together and are breaking up.

Our daughter and boyfriend signed a housing lease. 4 months remain. Our minor grandson (10) visits and stays in his own room on the weekends. The boyfriend states his financial obligation moving forward, will be 1/3 of the rent. The boyfriend did make less money than our daughter when they signed,... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Oct 4, 2023

Most leases have joint and several liability so that each lessee is really responsible for the whole rent to the Lessor.

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1 Answer | Asked in Real Estate Law and Probate for Massachusetts on
Q: Does Massachusetts use an Executor's Deed or a Deed of Distribution to transfer real estate bequeathed under a will?

If the will was probated outside of Massachusetts (or internationally), do additional steps need to be taken in Massachusetts before submitting the new deed and probate documents to the Registry Office?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 21, 2023

There would be an Ancillary proceeding usually since Massachusetts real estate was involved apparently from what is understood of the question posed.

3 Answers | Asked in Personal Injury, Workers' Compensation and Employment Law for Massachusetts on
Q: Can you get compensation from employers for suffering severe concussions?
Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 29, 2023

There is the worker's compensation system in Massachusetts for employees injured on the job.

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2 Answers | Asked in Car Accidents and Personal Injury for Massachusetts on
Q: What am I liable for a car accident?

If it's judged to be my fault and there is a personal injury lawsuit. The questions: are:

1. I am retired and my only income sources are social security and pension. Will that be garnished if a compensation is awarded?

2. My wife has separate bank/savings/brokerage accounts.... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 28, 2023

I am assuming you live in Massachusetts and that is the law about which I am commenting, only and not as to any other jurisdictions. Contact your auto insurance company asap about the accident and a claim would be processed by them. If you are uninsured and operated a vehicle then that is actually... View More

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2 Answers | Asked in Personal Injury for Massachusetts on
Q: landlord put traps in apartment after I complained about mice. A trap broke my cats leg. Is he liable for med bills?

We knew about the traps, but was also waiting for him to seal the giant hole in the cupboards that lead behind the appliances and into part of the wall

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 8, 2023

Have you documented the injury at the Veterinarian's office/animal hospital, cost of treatment and prognosis and do you have the trap involved? Also, have you informed the Health Dept. in the City or Town of the rodent and handling of same?

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1 Answer | Asked in Probate for Massachusetts on
Q: My mom passed away on 6/11/2023. She had a will and life insurance, my sister and I know this . Our step father

Is still alive, but does'int feel right for us to ask. Thinking he might do the right thing.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 31, 2023

Can't really tell what your question is, but there should be a Probate of Will Petition filed within 30 days of the date of death if your Mom was a Massachusetts resident. If there is no Will or you are unaware of one, then if stepfather fails to file a Petition for Probate after 30 days you... View More

2 Answers | Asked in Divorce for Massachusetts on
Q: Can I live in the house if it’s not in my name when getting a divorce
Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 20, 2023

A few questions about your situation would need to be answered before a useful response can be give, although title ownership does not mean the occupation of the home by you would not be ordered by the Court..

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1 Answer | Asked in Internet Law and Divorce for Massachusetts on
Q: I was allowed access to a email on a shared computer . I took screenshots to prove infidelity

I have texts messages saying check my email to back myself up . Does it make no expectation of privacy due to this my kawyer used my screenshots in my case but wanted a second opinion

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 13, 2023

A no no and the Court will neither like it nor allow introduction of it, nor does it usually help your case. Engage divorce counsel ASAP is the best advice.

1 Answer | Asked in Estate Planning, Real Estate Law and Elder Law for Massachusetts on
Q: Beneficiary of a Trust . Trust being challenged to change beneficiaries other party claims person who passed wasnt well

I was not present when the Trust was signed did not know i was a beneficiary but a family member was present witnessed this as Trustee and the settlor signed it . If for some odd reason this doesnt go in my favor do I have a lawsuit against the attorney who notarized the Trust as a benificary.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 12, 2023

Is the Settlor lacking competence or under duress or undue influence in the transfer into Trust? These are the issues.

1 Answer | Asked in Divorce and Internet Law for Massachusetts on
Q: My ex & I shared a family computer . He left his emails and iMessages on the computer we are divorcing

Can i screenshot these messages abd use them in court . I have many texts were he will say “read my email” check my email so he additionally not only left it open with no password he allowed me access

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 12, 2023

In Massachusetts both of the parties to a recorded conversation each would need to be aware of same. So, even if husband is shown to have given consent , the other person did not.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Internet Law for Massachusetts on
Q: My husband allowed me to access his email when married and left his emails and texts on the home family shared computer

We are getting divorced he left private conversations openly on our shared computer between him & a female friend can i screen shot then and use them in divorce ?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 12, 2023

In Massachusetts conversations recording without consent of both parties to the conversation is an offense and the Courts wouldn't allow introduction of same.

1 Answer | Asked in Animal / Dog Law and Divorce for Massachusetts on
Q: How do I get my dog claimed as mine legally before divorce? (In Mass/pets are property, dog regist’d in my name now)

Want to leave the household before divorce which will take 6 months but afraid husband will come after me physically

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jun 2, 2023

You sound like you may need an abuse protection order if your safety is threatened by your partner. In a divorce you can motion the Probate and Family Court to have the dog reciting your history of caring for the pet.

1 Answer | Asked in Probate for Massachusetts on
Q: I submitted this motion for clarification to Franklin probate court, was told it could not be submitted is that correct?

I submitted this motion for clarification to Franklin probate court and was told it could not be submitted as there would be no clarification on the matter.

For reference FR*******WD

29 May, 2023

Motion for clarification,

I move on this date, 29 May, 2023, that the... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jun 2, 2023

The Civil Rules of Procedure are tricky for pro se litigants and that is one of the many reasons to engage legal counsel.

1 Answer | Asked in Civil Litigation, Probate and Family Law for Massachusetts on
Q: My ex is taking me back to court for contempt I feel what he is doing is litigation abuse. I cannot afford a lawyer.

I am not able to answer his phone calls every single night so he can speak to our son. The last lawyer I had said to agree to the terms of him speaking to my son every night and that it wouldn’t be a big deal. I never wanted to agree because I know my schedule is crazy and I shouldn’t have to... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 24, 2023

If there is a Court Order that there is a phone call father has at such a time each night, someone needs to make sure the call happens so that if someone else is watching the child, then they can handle the child responding to the call.

1 Answer | Asked in Family Law, Real Estate Law and Land Use & Zoning for Massachusetts on
Q: No Tittle No Registration.

My Grandmother left 2 lands in PR to 4 siblings more then 50 years ago. My mother was leaving in one of the land and my uncle build a house in the second land. All siblings has deceased. I went to PR to find out under who's name was both lands. Theres no record of registration couldn't... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 15, 2023

It sounds like the first step would be to contact a real estate attorney In Puerto Rico to see if there is real estate still owned by your grandmother. If there is, then the next step would be to determine where your grandmother was a resident at the time of her death as the law of the State of... View More

2 Answers | Asked in Family Law, Divorce and Probate for Massachusetts on
Q: In Massachusetts is there an agreement that can be filed with the courts for the termination of a domestic relationship?

My domestic partner is looking to end the relationship. We currently own a house together and share bank accounts for the past 3 years. In speaking with the mortgage company I would need a court document stating we are separating and agreeing that I would keep the house for her to be released from... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 25, 2023

You would need a Separation Agreement incorporated into a Divorce Judgment with provisions reflecting the property division.

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1 Answer | Asked in Divorce for Massachusetts on
Q: Can you sue a mistress in Massachusetts? (I am currently asking for my friend who’s married to her cheating husband)

This is my friend second time being cheated on by her husband.They’ve been married for 35 years but don’t have biological kids together she have biological kids he stepped in & help raise since they were 5 & 7! Now they’re adults. She’s been a stay at home mom since forever! His... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 19, 2023

This issue would come into play in a divorce proceeding.

1 Answer | Asked in Child Custody for Massachusetts on
Q: was being represented by a lawyer during a custody trial that is over now. I lost & my lawyer now works in the same firm

I was being represented during a custody battle. My lawyer failed repeatedly to do things i asked of him. I then fired him. Went to trial lost without representation. My “fired” lawyer now works in the same firm with the lawyer fighting against me at trial.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 13, 2023

You would need malpractice counsel to review your file to determine whether there is a viable negligence claim and whether there is a viable potential conflict of interest claim.

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