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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 42259
Experience:  Texas lawyer for 30 years in Estate law
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My father was in a nursing home before he died recently. I

Customer Question

My father was in a nursing home before he died recently. I was his DPOA and I was deceived and blocked from getting involved in his care. I have actual damages that resulted from the deceit. Please help me with ways that I can sue for the lack of care and also deceitful practices as an individual and not as his executor. Please reference any case law or statutes that can help me with this as I am being told I have to be the executor.
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.
Hi and welcome to Ja. Ray here to help you today. If you have damages here you are able to file a creditor claim as a creditor against his estate.It is possible for you to seek court approval to pay your own claim.By doing this you get paid and the court approves it so there is no complaint that you have two hats.You can recover any losses you had here from the estate.You would opne probate, file creditor claim, seek court approval to pay your claims.Once approved you pay it like any other creditor. MASSACHUSETTSA creditor may file with the probate court a written noticeof claim against a probate estate. If the claim is undisputedand accepted by the fiduciary, it will be paid as part ofthe settlement of the estate. If not accepted, however, thecreditor must file a lawsuit against the estate (typically indistrict or superior court) to enforce his claim.
Expert:  RayAnswers replied 1 year ago. Creditor claims are paid ahead of the heirs as part of probate.You may well file a claim here and be paid under MA law for your losses. I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.
Customer: replied 1 year ago.

I am sorry I don't understand your answer...I am very confused.

I do not have a claim against the estate but instead a medical provider.

Expert:  RayAnswers replied 1 year ago.
If you want to bring a claim against doctor for malpractice then you would have to open probate and sue as executor here.The recovery goes through probate to his legal heirs including you.But probate would be necessary if you want to sue the provider on his behalf.
Expert:  RayAnswers replied 1 year ago.
Lawyer here to sue and help with probate And thanks for clarifying your situation here.I am so sorry for your loss of loved one.
Customer: replied 1 year ago.

It was not for malpractice but instead for unfair practices under the consumer protection act and also interference with a contract .


Please help with the information I asked for

Thank your

Expert:  RayAnswers replied 1 year ago.
Was the contract here between father and the care giver.Or was it between you and the caregiver?
Expert:  RayAnswers replied 1 year ago.
I need to know who the consumer was and who would be suing.
Expert:  RayAnswers replied 1 year ago.
You can sue the caregiver if you were the person with the contract or the person that was harmed.If the father is the person who has the claim then his estate has to bring the suit on his behalf.Any settlement goes through his estate to his heirs. Is that clear here, want to make sure I answered your questions.
Customer: replied 1 year ago.

Now that we have agreement I can sue can you please help with case law and/or statutes that allow me to do so under the circumstances described

Thank you

Expert:  RayAnswers replied 1 year ago.
Massachusetts, like many other states, has a statute that specifically enables the Attorney General and consumers to take legal action against unfair or deceptive conduct in the marketplace. The statute, Massachusetts General Law Chapter 93A, is referred to as the Consumer Protection Act. The law provides for actions by the Attorney General or by individuals. In order to bring any Chapter 93A action, a consumer must begin by sending the business a Chapter 93A "demand letter," to which the business has 30 days to respond. This demand letter is not required if a consumer is making a counterclaim in a lawsuit filed by the business against the consumer, or if the business does not maintain a place of business or keep assets in Massachusetts.The purpose of the demand letter is threefold. First, it puts a business on notice of a consumer's claim, and provides information about the nature of the claim. Second, it may encourage the business to negotiate, to settle the matter without the necessity of going to court. Finally, it acts as a control on the amount of money damages that the consumer may ultimately recover if the claim is proven in court.The demand letter must:Be sent at least 30 days prior to the filing of any court action. It is a good idea to send two copies of the letter to the party you are claiming against, one by certified or registered mail, so that you have a record it was sent, and one by regular mail, in case the business refuses the certified or registered mail. Remember to keep a copy of the letter you send, and keep the receipts and forms you get from the post office if you send the letter by certified or registered mail. These will be helpful if you do need to file in court.Identify the claimant (you). You can do this by including your full name and residential address on the letter.Reasonably describe the unfair or deceptive act or practice at issue. You can do this by providing a brief factual account of what happened, including dates upon which events occurred. You may, but need not, refer to particular laws you believe were violated when describing the unfair or deceptive acts or practices.Identify the injury suffered. You can do this by describing the money or property lost as a result of the unfair act. You will want to find out what it will cost to remedy the unfair or deceptive act or practice, too, to help the court determine your actual damages.. Sample Demand LetterYour Street Name and Number, (Apartment #)Your City and State, Zip CodeMonth, Day, YearOwner or President of BusinessName of BusinessStreet AddressTown, State, Zip CodeDear Mr./Ms. Businessperson:I am writing to you under the provisions of Massachusetts General Laws, Chapter 93A,Section 9, the Consumer Protection Act. I am writing to request relief as outlined in that statute.On or about (date), the following unfair or deceptive act(s) or practice(s) occurred:Describe the events as they occurred, including the conduct and time they happened. Youmay have more than one paragraph here, if you believe that there was more than one unfair ordeceptive act that occurred at one time, or if there were multiple times that you were subjected tounfair or deceptive acts or practices.I believe that the(se) acts or practices are declared unlawful by Section 2 of Chapter 93A,which declares unfair methods of competition and unfair or deceptive acts or practices in theconduct of any trade or commerce unlawful.If you are aware of the violation of a specific lawor regulation, you will wish to quote the text of that law or regulation here, by saying that youbelieve the conduct is a violation of[regulation or law number],which provides: then quote thetext you believe applies.I have suffered injury or loss of money or property (in the amount of), (or, as follows:)Describe why you have been injured in this amount; if you have given the business anopportunity to fix poor repairs, for example, and they have not done so, put that informationhere.This letter serves as my request for the following relief: (relief or amount of damages youseek). Under the provisions ofSection 9 Chapter 93A, I am providing you with the opportunityto make a written offer of settlement of this claim within 30 days. If you fail to make a goodfaith offer of settlement in response to this request, and I institute legal action, a court mayaward me double or triple damages, attorney’s fees and costs if the court finds in my favor.I may be reached at the address written above, or at (phone number) between the hoursof: ( ). I look forward to hearing from you.Sincerely,(Signature)Your Name (printed or typed Start with a demand letter for the amount you intend to sue for and then a lawyer locally can file the suit if unresolved.
Customer: replied 1 year ago.

Do you have any case law references or statutes for:

1. Emotional loss of being fraudulently denied the ability to care for a loved one

2. Monetary loss of my share of estate monies due to fraud

3. Loss of a loved one due to fraudulent acts

4. My share of unnecessary estate expenses due to fraud.

I am bringing this complaint as an individual, not as an executor

Thank you

Expert:  RayAnswers replied 1 year ago.
I gave you the statues above.I will see if there are any cases.
Expert:  RayAnswers replied 1 year ago.
Some references