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Christopher Joseph Fein
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Christopher Fein’s Answers

201 total


  • Is there recourse for malicious activity on a Yelp page.

    I'm a local business owner. My business was slandered on Yelp As the result of a political disagreement on a facebook thread, this person who has never used my business posted Maliciously on yelp. I'm losing business as this has gone viral in my t...

    Christopher’s Answer

    I am sorry to hear about this. I understand how harmful false claims can be. If you can prove that the statement was slander you can file an action against the poster and name Yelp as a trustee defendant only, seeking a court order to take down the post.

    Chris

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  • What can be done when a court appointed commissioner steals a family's inheritance ($300,000) from a real estate sale.

    My mother passed in 2009. She put her daughters on the deed with her in 1996 after my father passed. Not long after she passed , a pipe burst and caused catastrophic damage. The insurance was not enough to fix it . You get much less when no one li...

    Christopher’s Answer

    This may or may not be something that is covered by malpractice insurance. If it is not, the Massachusetts Board of Bar Overseers has a program that repays stolen money. I think you should start by hiring an attorney who specializes in malpractice/ethics.

    Good luck.

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  • Can I put a lien on this home? Do I have to file in Superior court rather than district court based on the amount owed?

    I received an arbitration monetary award against my contractor in Massachusetts. I will be applying to the Guarantee fund but there will still be a balance of over $25K that I need to collect on. The contractor has a home that is in his wife's...

    Christopher’s Answer

    File a complaint in the Superior Court for confirmation of the arbitration award. The execution can be recorded against assets he owns, but you may need to hire a lawyer in TN to seek approval of the Massachusetts judgment. If the house up here is in his wife's name, find out when it was transferred to see if MGL c. 109A applies (fraudulent transfer). If all conditions are met you might be able to pursue his wife as well.

    Get an attorney. This is complex.

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  • How to find attorney experienced with litigating against homeowner's insurance company

    Our home incurred a loss due to wind and rain in July 2014. To date, we have still not received fair and good faith remedy from our insurance company and we would like to speak with about this matter. Simply put, MetLife has severely low-balled ou...

    Christopher’s Answer

    Check your policy. Most of these claims have a 2 year limitations period. If you do not file a claim before the claims limitations period expires you are prohibited from doing so and they do not have to pay the claim. If you have otherwise complied with the policy and they refuse to pay for the loss, you need to speak with a lawyer immediately.

    Good luck

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  • Can nursing home go after assets of patient's children

    Mother entered nursing home on 10/1; Transferred mother's home to myself on 11/1 for $1.00; Nursing home is trying to tell me that I owe them money personally. Can they go after me personally for my mother's debts?

    Christopher’s Answer

    See. M.G.L. c. 109A

    Before you do anything else, speak with an attorney.

    Chris

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  • What can I do.

    I've been living in a home paying rent in Lakeville mass with my family. The landlord and I have been together for 15years he pass away Oct 2014 I thought the house was paid off with lottery money he won. On March 31st they are having and action....

    Christopher’s Answer

    This question is confusing. Were you and the LL "together" in a relationship or just together in the sense that you have rented for 15 years? If the baby is his, and s/he is a beneficiary of his estate, I would want to know if there is equity in the house. Whether or not he left a Will, there are heirs at law or beneficiaries under a Will that would be entitled to his estate.

    Advice would be totally different if the statement you made were taken in a different context.

    If you seriously want help with this you should call an attorney immediately.

    Good luck

    Chris

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  • Can defendants prior reckless act causing physical injury to plaintiff in 2006 have damages judgment attached to house in 2016?

    Civil suit for reckless behavior causing severe physical injury filed in 2008, now it's finally reached the point of assessing damages against defendant. Defendant found to have caused brain damage to plaintiff.But in 2015, defendant & his brothe...

    Christopher’s Answer

    Certain types of acts leading to harm may not be dischargeable in bankruptcy. There are only a few exceptions but I have seen it. (example: baseball bat to head in fight).

    If you are assessing damages this means you obtained a judgment already. An execution will issue and you should attach the real estate. It will be subject to the homestead and the life estate, but I would do it anyway.

    This is complex. I would strongly consider hiring an attorney to represent you. If it is not done right and the defendant files for bankruptcy, an otherwise nondischargeable claim may become dischargeable.

    Good luck

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  • Is this considered legal malpractice and do I have a lawsuit against him?

    My mother passed away in 2011, she had a house she left to myself & my sister. Before she passed her attorney came to her house and she told him she wanted to leave this house to us. It had been left to her in 1983 by her mother. In 1997 she had h...

    Christopher’s Answer

    As you can see from prior responses, it is impossible to determine whether this was legal malpractice based on the limited information you provided. However, this seems to be an estate planning issue. As such, the lawyer may still have his file from when he first met with your mother. (read that: should) In addition to these materials, there may be other materials that demonstrate what your mom's intentions were that would be helpful.

    If this was malpractice, there is a 3 year statute of limitations on the claim. The clock begins to tick when the claim was known, or should have been known. This is an important date because if a claim did exist you need to file an action before the limitations periods expires.

    I think you should consult with a legal malpractice lawyer as soon as possible.

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  • What kind of lawyer could help recover at least some of the money? We believe their refusal might be the start of a negotiation.

    Bank refuses to pay back any money. A paid caregiver wrote checks to herself from my elderly father's checking account, and signed his name. This happened many dozens of times, for many thousands of dollars. Although she cashed the checks in their...

    Christopher’s Answer

    • Selected as best answer

    I believe there is law in Massachusetts that allows a bank to honor checks presented and cleared that are not timely objected to. As a result, the bank may be an insulated from liability as another innocent party. I think it is going to depend on how many times this occurred and the duration of the theft(s). However, there are claims you have against the paid caregiver and/or her employer.

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  • What can I do to save my grandmother as she is being abused by my uncle but also cannot or will not advocate for herself?

    My grandmother is living in absolute squalor and is unable to care for herself. She is 99 years old. Her son, who is a hoarder, is not allowing her to receive medical treatment or go to a nursing home. She is voiding on herself and has no access t...

    Christopher’s Answer

    In Massachusetts if you feel that your grandmother is not being adequately cared for you could petition the Suffolk County (for Boston) court to appoint a Guardian. The Guardian could be someone you know who can care for her and make informed medical decisions for her, or it can be a disinterested person appointed by the court. The probate court has a list that they can choose from if you do not have anyone in mind. This person would be tasked with making decisions for your grandmother that they feel are in her best interest. Any defense your uncle has can be stated and the court would make a decision based on the evidence.

    Good luck.

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