On Tuesday, August 13, 2024, a Massachusetts hearing committee recommended a six-month suspension against attorney Albertina Cerveira-Hajjar for alleged misconduct.
The case is entitled “Bar Counsel v. Albertina Cerveira-Hajjar,” with case no. C3-21-00270268.
The Board’s recommendation follows a four-day disciplinary hearing held in January and February 2024 regarding Cerveira-Hajjar’s conduct as guardian and conservator for Mary Gifford and as personal representative for the estate of Veronica Noren, both deceased.
The Bar Counsel had filed a petition for discipline against Cerveira-Hajjar in March 2023, alleging she failed to properly carry out her fiduciary duties in both cases. Specifically, the petition claimed that Cerveira-Hajjar did not file the required reports and accountings for Gifford’s guardianship and conservatorship. She was also accused of failing to collect certain bank funds before Gifford’s death that should have passed to her estate.
Regarding the Noren estate, for which Cerveira-Hajjar served as personal representative, the petition alleged she did not take appropriate actions to complete the probate on time or promptly deliver the estate’s funds to Gifford before she died. Additionally, once Gifford passed away, Cerveira-Hajjar allegedly failed for over seven years to notify Gifford’s heirs about their significant inheritance or open an estate on Gifford’s behalf.
Based on the evidence and testimony presented at the hearing, the Board found Cerveira-Hajjar committed misconduct in several respects. While she provided exemplary care for Gifford, Cerveira-Hajjar admittedly did not file required reports during her time as Gifford’s conservator. She was also found to have inappropriately continued using funds from Gifford’s account long after her death.
Regarding the Noren estate, the Board determined Cerveira-Hajjar failed in her duties as personal representative to properly administer the estate promptly. This included not contacting banks directly for statements or checking for unclaimed property. Further, it took over seven years before Cerveira-Hajjar notified Gifford’s heirs about their sizable inheritance from both the Noren and Gifford estates.
In August 2020, once Gifford’s heirs filed a petition, a probate estate was finally established for Gifford. This allowed the identification of heirs and the appointment of a new personal representative to settle the Gifford estate and distribute funds, including the sizable inheritance from the Noren estate that was rightfully owed to the Gifford heirs.
Based on its findings, the committee concluded Cerveira-Hajjar’s conduct violated numerous Massachusetts Rules of Professional Conduct. They recommended a six-month suspension from practice.
According to avvo.com, Ms. Cerveira-Hajjar is an attorney in Brookline, Massachusetts. She attended the New England School of Law. She acquired her law license in Massachusetts in 1983.
A copy of the original filing can be found here.
