Alan Stanford Fanger’s Answers

Alan Stanford Fanger

Wellesley Litigation Lawyer.

Contributor Level 9
  1. Do children of the deceased have a right to view the will and who oversees the executor to make sure he carries out the will

    Answered over 5 years ago.

    1. Nicholas G. Xenos
    2. Alan Stanford Fanger
    2 lawyer answers

    I am sorry about your loss. Under Massachusetts law, a will is required to be published in the probate court in which the decedent was "domiciled" (as of his or her death) within 30 days of the date of death. Shortly after publication of the will, all heirs at law (usually spouses and children) are required to be sent a notice of both the probate proceeding and the requested appointment of the executor nominated by the will. That notice provides a date by which you or your attorney must file...

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  2. I want to leave my lease early due to pot smoke from another tenant getting into my unit.

    Answered over 4 years ago.

    1. Alan Stanford Fanger
    2. Christopher W. Vaughn-Martel
    2 lawyer answers

    Thanks for your question. I am of the belief that if the landlord has not taken steps to restrain the tenants from engaging in illegal drug use, you may validly terminate your lease on the grounds that the landord has interfered with your right of quiet enjoyment of the apartment. However, in order to minimize the risk associated with this (that risk being a lawsuit by the landlord for rent), I would recommend that you have several disinterested witnesses corroborate your observations...

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  3. Litigation against large company

    Answered over 3 years ago.

    1. Alan Stanford Fanger
    2. William T Harrington
    3. Michael Prozan
    3 lawyer answers

    While I understand that the size and the stature of the company might make one think that the use of a large firm is necessary, that is definitely not the case. For example, I recently represented 14 condo unit owners who litigated a case for four years against the city of Taunton and two other defendants, and the case recently settled for $1.35 million. None of those defense attorneys thought that my status as a sole practitioner affected their strategy in the case. If an attorney is...

    1 lawyer agreed with this answer

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  4. Can we sue our neighbor for fallen trees that damaged our house, neighbor failed to cut them down

    Answered over 5 years ago.

    1. Marc Adam Diller
    2. Alan Stanford Fanger
    2 lawyer answers

    In the first instance, if you had howeowners insurance coverage as of the date of the incident, that insurance should provide coverage for the loss. If you did not have such coverage, then you could bring suit against the neighbor. The critical question in such a case would be whether your neighbor should have known that the trees posed a risk of damage to your house. This would be determined, among other things, by their size, distance from your house, configuration, etc....

    3 people marked this answer as helpful

  5. If a tenant has stopped paying rent, how long do you have to give him on a notice to quit to pay up or move out

    Answered over 5 years ago.

    1. Irene H Bagdoian
    2. Alan Stanford Fanger
    2 lawyer answers

    If a tenant has not paid rent, you must serve him/her with a 14-day notice to quit. The notice must contain certain language and is best prepared by an attorney. The notice must also be served by certified or registered mail or by a constable or sheriff (preferably the latter two). If the tenant does not pay within the 14-day period, you may bring an eviction complaint. There is a timetable for doing that can best be explained by an attorney. Under no circumstances can you evict...

    3 people marked this answer as helpful

  6. What is the statute of limitations in Massachusetts for a legal malpractice case

    Answered over 5 years ago.

    1. Alan Stanford Fanger
    1 lawyer answer

    The statute of limitations for legal malpractice begins to run when you when you are harmed by malpractice or first learned of the harm (or could have learned of the harm through the exercise of "reasonable diligence"). However, there are two significant exceptions to that rule: (1) if that same attorney continues to represent you after the incident or event constituting the malpractice, the statute does not begin to run until the attorney's representation of you concludes; or (2) if...

    3 people marked this answer as helpful

  7. Can I contest a judgment that was entered against me for not appearing at the hearing in MA state

    Answered almost 6 years ago.

    1. Alan Stanford Fanger
    2. Jessica Ann Foley
    2 lawyer answers

    If the summons and complaint were delivered to you and there is proof (in the form of what is known as a "return of service" signed by the sheriff or constable who delivered it to you, then the judgment is valid. However, this doesn't preclude you from attempting to have the judgment set aside. You would need to make a written motion to the court and prepare and sign an affidavit under the pains and penalties of perjury explaining why you did not answer the complaint. In my experience...

    1 lawyer agreed with this answer

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  8. Adding a trustee to an irrevocable trust

    Answered over 5 years ago.

    1. Alan Stanford Fanger
    2. Gabriel Cheong
    3. Eric P Rothenberg
    4. Margery Ellen Golant
    4 lawyer answers

    The answer depends on the terms of the trust. If the trust provides that trustees may be added, then the trust may be amended. If it does not provide for additional trustees, then it cannot be amended. Your concern, however, may be more directed to who the beneficiaries of the trust are, and if the trust is indeed irrevocable, that is something that cannot be amended.

    2 people marked this answer as helpful

  9. What is the procedure for determining the validity of a Will

    Answered almost 6 years ago.

    1. E. Alexandra Golden
    2. Alan Stanford Fanger
    3. Frank A Selden
    3 lawyer answers

    Thanks for this interesting question. The search for the true "last will and testament" is a classic search for the truth. Just because a will shows up in an attorney's files doesn't mean that it is in fact the decedent's last will. Only by carefully--perhaps even diplomatically--inquiring of family members will you be able to piece together the factual "fabric" necessary to at least create a question as to whether there was in fact a more recent will. One thing to keep in mind is...

    1 lawyer agreed with this answer

  10. Can we Contest the Will and do we need an Attorney?

    Answered about 5 years ago.

    1. Alan Stanford Fanger
    1 lawyer answer

    You certainly have the right to contest the will. However, your own description of your relationship with your father as "estranged" will probably make such a challenge difficult. Generally in this instance a will can be challenged on two grounds: that the person making the will lacked the mental capacity to do so, or that the person was subject to "undue influence" by the person who benefitted from the will (or someone married to or a domestic partner of the person who benefitted)....

    1 person marked this answer as helpful