Alan Stanford Fanger's Answers

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

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...

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

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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Litigation against large company

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...

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

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....

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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

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...

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

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...

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Adding a trustee to an irrevocable trust

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.

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

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)....

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How do you sue someone from out of state?

First of all, before suing this friend you should assure yourself that the courts here in Massachusetts can assert authority--or what is known in legalese as "jurisdiction"--over him. Courts have jurisdiction over persons from out of state only when they have had certain "minimum contacts" with Massachusetts. The question of whether someone has had minimum contacts is determined by, among other things, the degree to which the person was in the state physically, took advantage...

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Tenants' rightsh

You are entitled to what is known as the "quiet enjoyment" of your apartment. This means that if you want to keep the windows open to keep the temperature down, you may do so. (Hopefully you have saved the landlord's messages). There is nothing barring the landlord from observing that your windows are open. However, the landlord may not insist that you close them as long as your keeping them open does not affect the pipes. This seems like something that should be able to be...

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