Alan Stanford Fanger’s Answers

Alan Stanford Fanger

Wellesley Litigation Lawyer.

Contributor Level 9
  1. How do you sue someone from out of state?

    Answered over 5 years ago.

    1. Alan Stanford Fanger
    2. Henry Lebensbaum
    3. Alec Scott Rose
    3 lawyer answers

    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...

    1 person marked this answer as helpful

  2. Tenants' rightsh

    Answered over 5 years ago.

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

    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...

    1 person marked this answer as helpful

  3. Landlord/tenant

    Answered over 5 years ago.

    1. Alan Stanford Fanger
    1 lawyer answer

    No. A 14-day notice to quit must be served in a manner that is likely to give you reasonable notice that your tenancy is being terminated. Notices that are validly served come by way of sheriff, constable, certified or registered mail, but regular mail is not considered a method reasonably likely to inform a tenant that the tenancy has been terminated. If the landlord moves ahead with eviction proceedings, you may use the lack of valid service of the notice to quit as a defense to...

    1 person marked this answer as helpful

  4. Wrongful termination question

    Answered over 5 years ago.

    1. Alan Stanford Fanger
    2. Jay M Wolman
    2 lawyer answers

    I am very sorry to hear about your layoff. In certain instances employees may recover for wrongful termination of their employment based on retaliation against the employee that violates public policy. For example, an employee who reports public health violations in a hospital setting to a government agency could validly claim wrongful termination if that employee were fired shortly after reporting that violation to authorities. Your situation is slightly different but is...

    1 person marked this answer as helpful

  5. Is it necessary to present a compelling need to trustees of trust fund in order to liquidate the trust?

    Answered over 3 years ago.

    1. Smilie Gregg Rogers
    2. Alan Stanford Fanger
    3. Gerard William O'Brien
    3 lawyer answers

    Thank you for your question. The language you quoted appears to give the trustee considerable discretion when, and to what extent, he/she should use principal as a means of supporting the beneficiary. If it is obvious that dipping into principal is necessary and that anyone serving as trustee would realize that, you have one of two options: (a) try to persuade/negotiate with the trustee; or (b) bring a petition in the probate court to have the trustee removed. The latter is a...

  6. I have a tenant that I want to evict because she has rubbish and trash and dishes piled up everywhere. The smell invades my life

    Answered about 4 years ago.

    1. Christopher S. Brown
    2. Alan Stanford Fanger
    3. Candace L. Hodge
    3 lawyer answers

    I would not rely on either non-payment or accumulation of trash as grounds for eviction. Rather, I would proceed to terminate the tenancy at will and then follow that up with a complaint for eviction. If the tenant pays her rent (or is supposed to pay her rent) monthly and on the first of the month, you can terminate the tenancy as of June 30 if you have her served with a notice of termination on or before May 31. But the notice needs to have certain magical language and is best served...

  7. What should we do

    Answered over 4 years ago.

    1. Brian E Barreira
    2. E. Alexandra Golden
    3. Alan Stanford Fanger
    3 lawyer answers

    Thanks for your question. Since your brother benefited from the change in the will, if he was managing your uncle's finances or was otherwise involved in his care, the burden shifts to him to demonstrate that the change in the will was NOT the product of undue influence. However, you must take the first step by challenging the validity of the will. There are strict deadlines for doing this and the failure to adhere to those deadlines can be fatal to your claim. Please see my blog...

  8. If a pool company breeched my contract, do I have to pay them?

    Answered over 4 years ago.

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

    I am assuming that the pool company is not collectible because it is out of business. If this is the case, you should immediately dispute the balance with your credit card company. The law that applies here is known as the Fair Credit Billing Act. It allows a credit card holder to dispute a charge based on the failure of the merchant to have not properly or fully provided you with the goods or services you charged. However, the law provides that you must inform the credit card issuer...

  9. If a beneficiary breaches his duty as fiduciary and caretaker after the will is made, is he still entitled to be beneficiary?

    Answered over 4 years ago.

    1. Alan Stanford Fanger
    2. Daniel T Blake
    3. Steven J. Fromm
    3 lawyer answers

    I am quite sorry to hear about these events. The one thing you should know above anything else is that you have the right to have the will set aside as having been the product of the "undue influence" of your brother. You also have the right to recover the funds taken from your mother. If your mother is not in a position at this point to determine how she has been vicitimzed, then I suggest that you have a guardian appointed on her behalf. The guardian could then bring suit for the...

  10. Can I contest in Washington state from Massachusetts

    Answered almost 5 years ago.

    1. Alan Stanford Fanger
    1 lawyer answer

    If your sister died as a resident of the state of Washington, her will would be administered in that state, and any challenge to the will would need to be made in that state. I suggest that you consult with an attorney in Washington concerning your rights and those of your family.