Freya A Shoffner’s Answers

Freya A Shoffner

Boston Business Attorney.

Contributor Level 11
  1. Can customers pick up purchases @ our apartment if the sales are made online without needing for the residence to be commercial?

    Answered over 3 years ago.

    1. Freya A Shoffner
    2. Elmer H. Young III
    3. Pamela Koslyn
    3 lawyer answers

    I agree with Attorney Koslin. You would have to clear it with your landlord (or the condominium association if own you apartment,) you would also have to be sure that you are not violating any zoning or other municipal ordinances, and you would have to make sure that you are properly insured. The biggest concern is safety. It makes no sense whatsoever to invite strangers to you home. Notwithstanding the risk that customers might be injured (one can insure for that,) the risk is that you...

    Selected as best answer

  2. Can executor (also heir) sell home to executors daughter (not heir) for less than the value of the home?

    Answered over 4 years ago.

    1. Freya A Shoffner
    2. Michael P. Robinson
    3. John J. Sullivan
    3 lawyer answers

    Before you consider selling the home to your daughter, you must be aware that as an executor, you have no power over your parent's' assets while he or she is alive. If your parent is no longer competent to manage his or her own affairs, and you have not been designated as your parent's attorney-in-fact (power of attorney) then you should seek the assistance of an attorney who practices in the area of elder issues and estate planning so that a conservator can be appointed to manage your parent'...

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  3. I have a mother/father in law. One has advanced dementia and the other has had several strokes. My wife and I are looking for

    Answered about 2 years ago.

    1. Roman Aminov
    2. Joseph Allen Bollhofer
    3. Richard Albert Luthmann
    4. Daniel C. Caro
    5. Freya A Shoffner
    6. ···
    6 lawyer answers

    All of the attorneys have given you excellent advice. One other important thing to consider is making sure that you and your wife also execute health care proxies, powers of attorneys, and Wills so that your family will be prepared if anything happens to either of you. More good reasons to call an elder law/estate planning attorney in your area.

    2 lawyers agreed with this answer

  4. I need Help confused with my Insurance Co. and Police about a Fire Claim

    Answered over 3 years ago.

    1. Freya A Shoffner
    1 lawyer answer

    It seems that you are attempting to obtain information from the wrong sources. Neighbors gossip and the clean up crew may not have an accurate recollection of what was done. After a fire it is reasonable for the insurance company to visit the property on various occasions to document the extent of the damage and the extent of the loss, but it is not usual for them to remove belongings outside of the course of an extensive investigation. Call you insurance company and ask to speak with...

  5. How can i find a Pro Bono Lawyers for a divorce and child costody case?

    Answered over 3 years ago.

    1. Eric Schutzbank
    2. Marc Jay Cooper
    3. Freya A Shoffner
    4. Philip W. Mason
    4 lawyer answers

    Attorney Cooper's suggestion of Senior Partners for Justice is a good one. When you go to their website (link below) there is a purple box in the upper right hand corner of the screen that clients who need lawyers should click. Many of the volunteer lawyers at Senior Partners for Justice have outstanding reputations. This answer is not intended to provide specific legal advice. No attorney client relationship between you and Shoffner & Associates or any of its attorneys is established,...

  6. If a person is named executor and the only heir to an estate, but does not file the will sells decedents assets is he liable.

    Answered over 3 years ago.

    1. E. Alexandra Golden
    2. Freya A Shoffner
    3. Jonathan Craig Reed
    3 lawyer answers

    I agree with Attorneys Reed and Golden, if your mother's husband acted wrongfully you have the right to recover the full amount of damages that the estate suffered, subject to the claims of creditors. Based on the facts that you've outlined, you may be facing a rather complicated Equity claim; one that should be handled very carefully. I strongly recommend that you seek the assistance of an attorney who is licensed in Massachusetts who has a strong background in probate litigation. Many...

  7. Continuing Guaranty

    Answered over 3 years ago.

    1. Freya A Shoffner
    2. Bryant Keith Martin
    3. Daniel Robert Hamad
    3 lawyer answers

    Assuming the following facts; you signed a personal collection guarantee for corporate debt. You are an officer of the corporation. The corporation defaulted on the debt. The creditor sued you to collect the debt. You want to bring a counterclaim against the creditor on behalf of the corporation. You must understand that your role as an officer of the corporation is different from your role as an individual. As an individual you do not have standing to bring a counterclaim on behalf of...

  8. What is reasonable fee to draw up a Codicil to an already existing will?

    Answered about 4 years ago.

    1. Andrew Daniel Myers
    2. Margaret L. Cross
    3. Freya A Shoffner
    3 lawyer answers

    Attorneys Myers and Cross have given you a good basic discussion about the fees that might be charged. Please be careful about deciding what you need before your consult with an attorney. Many times clients have asked me to only "do a Codicil" when in fact their entire estate plan needs revision. Just as it is never a good idea to diagnose yourself before you see a doctor, you should take the time to meet with your attorney and make a complete analysis of your existing plan. Then you can...

  9. Can I claim damages against a general contractor for being significantly over the original schedule?

    Answered about 4 years ago.

    1. Michael J. Bace
    2. Freya A Shoffner
    3. Steven Alan Fink
    3 lawyer answers

    I agree with Attorney Bace. Massachusetts has very strict laws that protect the homeowner from unscrupulous contractors, which you will find under the Home Improvement Contractor Act. In addition, the Commonwealth has a Guaranty Fund to help homeowners who have suffered losses in home improvement endeavors. After you visit the web site at Consumer Affairs and Business Regulation, make a complete list of your damages, compile all of the contracts, bills, receipts and canceled checks, and make...

  10. Legality of online price error?

    Answered over 4 years ago.

    1. Christopher S. Brown
    2. Freya A Shoffner
    3. Henry Lebensbaum
    3 lawyer answers

    Attorney Brown makes a very good point. While, from a classic contracts analysis, it seems like the vendor is without recourse, there may have been language on the website that covered this particular situation. Attorney Brown referred to a "TOS" contract, which is a Terms of Service contract that you can find on most online vendors' websites or in the supporting literature (bill of sale, etc.) that came with your shipment. The other thing to consider is that the vendor refunded your...