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COMPLAINT M, Esq. filed a complaint on behalf of N against Attorney J on October 1, 2014. G alleges that S assisted Me in fraudulent conduct. S has allegedly violated Mass.R.Prof.C. 1.1, 1.2, 1.3, 8.4(c) & (d). FACTS The complainant, N is the husband and legal guardian (since March 3, 2009) of A; A is the sister of M. On June 12, 1989 B, the mother of A and M, retained Attorney J, a family friend, to assist in the execution of a deed. The deed transferred the ownership of Barbara's home at 27 Elm to Al and M. Shortly after on October 16, 1989, another deed for the same property was executed transferring a portion of the property back to Barbara. This document is purported to contain the signatures of B, Al, and M Helena. On January 25, 2006 …show more content…

Despite the fact the deeds are notarized by Si, Ga claims that his wife’s signature is forged as she resides in Brazil and was not present when the documents were signed, additionally A’s has been in a vegetative state for 13 years and may have been mentally incapacitated prior to that. Furthermore, the jurat on the document states that A “personally appeared” and proved her identification via a Massachusetts driver’s license. According to G, A has never had a Massachusetts driver’s license. G claims that he confronted M and she admitted to she signing A’s name to the deeds for 27 Elm …show more content…

Maria Helena continues to claim that Alcide gave her permission to sign the deeds. Simolo is unsure when Alcide was officially diagnosed with Alzheimer’s but informed me that she has been in a vegetative state for the past 13 years, this obviously overlaps with the 2006 deed signing. Barbara currently lives at 27 Elm Street with her granddaughter. This is an additional issue in the civil matter, as her granddaughter is living in the home rent free and this could potentially been seen as a “gift” which would prohibit her from receiving MassHealth. Simolo claims one of the main reasons the matter has not settled is because Garcez is fighting for the payment of his attorney fees, to date the fees are approximately $15,000. Although nothing has been officially filed, Simolo claims to have had many conversations with Maria Helena’s counsel regarding the fees. He doesn’t anticipate that a malpractice suit will be filed against Silva, partly due to the amount of fees that have already been racked

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