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  1. Re: Can a Basement Apt. (Condo) Be Charged the Same Assoc. Fees As Other Units

    A very thoughtful reply. Thank you. Fortunately, she has friends and family (one son and grandchildren), but the *moving* part is what’s hard. (And the financial part, of course). Change is hard...
  2. Re: Can a Basement Apt. (Condo) Be Charged the Same Assoc. Fees As Other Units

    Thanks Taxing Matters. You make some excellent points. If we can get a copy of the most recent bylaws, we can read them over and see what we find. If there’s something there, maybe she can have a...
  3. Re: Can a Basement Apt. (Condo) Be Charged the Same Assoc. Fees As Other Units

    I don’t agree with your analogy because the other owners all bought their units with full knowledge of the costs and rules and by-laws. In contrast, the basement apt. was excluded from the fees...
  4. Re: Can a Basement Apt. (Condo) Be Charged the Same Assoc. Fees As Other Units

    Sure. I think something like this: use the square footage calculation, minus x amount to take into account the basement location. The x amount could be based on the assessed valuations of the...
  5. Re: Can a Basement Apt. (Condo) Be Charged the Same Assoc. Fees As Other Units

    I’m not sure, but that’s how it’s referred to in the By-Laws. Even though she has owned the unit for approx. 40 years, she was never obligated to pay monthly condo fees or intermittent special...
  6. Re: Can a Basement Apt. (Condo) Be Charged the Same Assoc. Fees As Other Units

    Because the basement unit was always considered a common area* until this past year when her employment as the building’s superintendent was terminated. She owns the unit, so she can’t be evicted,...
  7. Can a Basement Apt. (Condo) Be Charged the Same Assoc. Fees As Other Units

    My question involves real estate located in the State of: Massachusetts

    I live in a condominium building, and Iím asking a question on behalf of the (former) superintendent of the building. She...
  8. Legal Malpractice: Re: Statute of Limitations for a Legal Malpractice Case

    But the new lawyer was referred by the first lawyer, (who still stayed involved for a period of time (participated in meetings and was copied on emails)), and is using strategy devised by the first...
  9. Legal Malpractice: Re: Statute of Limitations for a Legal Malpractice Case

    They agree that the lawyer had a conflict, and will call the lawyer as a witness at trial, but they consider pursuing a legal malpractice case a separate matter, and it’s an area of practice they...
  10. Legal Malpractice: Re: Statute of Limitations for a Legal Malpractice Case

    The lawyer set up the trust for me and my brother. It’s a nominee trust, and we are the two beneficiaries. We hired the lawyer, and it was clear he represented both of us.

    The conflict of...
  11. Legal Malpractice: Re: Statute of Limitations for a Legal Malpractice Case

    The trust always ran smoothly. There were never any issues or problems.

    I’m still trying to figure out when the claimed malpractice begins...
  12. Legal Malpractice: Re: Statute of Limitations for a Legal Malpractice Case

    Yes, I realize this, but my brother, as a beneficiary, never asked or “directed” me to do anything as trustee, nor did I neglect any responsibilities. He simply wanted to be trustee himself, so his...
  13. Legal Malpractice: Re: Statute of Limitations for a Legal Malpractice Case

    According to the Rules of Professional Conduct, if a lawyer represents multiple clients on a certain legal matter, they can’t later represent one client against the other on anything involving the...
  14. Legal Malpractice: Re: Statute of Limitations for a Legal Malpractice Case

    1. January or February, 2015

    2. My sibling hired a new lawyer in July, 2017, although the first lawyer was still involved for at least a few more months, maybe more (copied on emails, sat in on a...
  15. Legal Malpractice: Re: Statute of Limitations for a Legal Malpractice Case

    Does this mean I’m out of luck, as the lawyer and sibling first contacted me in 2015? I guess I’m having trouble understanding when the “claimed malpractice” starts.
  16. Legal Malpractice: When Does the Statute of Limitations for a Legal Malpractice Case Start to Run

    My question relates to legal practice in the state of: Massachusetts

    I read online that the statute of limitations on filing a legal malpractice case is three years, but Iím confused about when...
  17. Working With a Lawyer: Re: Can a Lawyer Who Set Up a Trust Later Represent One Beneficiary Against Another

    This is exactly as I see it. Thanks for the advice.
  18. Working With a Lawyer: Re: Can a Lawyer Who Set Up a Trust Later Represent One Beneficiary Against Another

    I have never intended to use the attorney's conflict as leverage against my adversary, and I don't think I've implied anything of the sort. But I agree that when the case is resolved, I'd like to...
  19. Working With a Lawyer: Re: Can a Lawyer Who Set Up a Trust Later Represent One Beneficiary Against Another

    Exactly. That's the "issue" I've been asking about.

    @adjusterjack - At the risk of sounding defensive, I don't think I'm misdirecting my anger. I've hired a lawyer and I'm fighting the legal...
  20. Working With a Lawyer: Re: Can a Lawyer Who Set Up a Trust Later Represent One Beneficiary Against Another

    Although I haven't told the whole story, I put the main issue front and center - a lawyer my co-beneficiary and I hired together to set up a trust is now representing the co-beneficiary in going...
  21. Working With a Lawyer: Re: Can a Lawyer Who Set Up a Trust Later Represent One Beneficiary Against Another

    Yes, he knows about it, but he didn't talk about it as an ethical or professional conduct rule (the info. that TM raised). I'm also not sure if he'll advise me to go forward with a complaint (is...
  22. Working With a Lawyer: Re: Can a Lawyer Who Set Up a Trust Later Represent One Beneficiary Against Another

    I see your point, but that's not really the thrust of my concern. Yes, I've hired my own lawyer, and we'll see what happens. But I'm angry at the lawyer for what I think is a clear conflict of...
  23. Working With a Lawyer: Re: Can a Lawyer Who Set Up a Trust Later Represent One Beneficiary Against Another

    Well, for one, I hired the lawyer in good faith to set up the trust and represent (or protect) my interests. Now I can't even call him to discuss the threats my brother (and co-beneficiary) is...
  24. Working With a Lawyer: Re: Can a Lawyer Who Set Up a Trust Later Represent One Beneficiary Against Another

    Yes, I am the trustee.
  25. Working With a Lawyer: Can a Lawyer Who Set Up a Trust Later Represent One Beneficiary Against Another

    My question relates to legal practice in the state of:
    My brother and I are co-owners and co-beneficiaries of a second home (a vacation property) that my family has owned for years. The house is...
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