Can a Will Beneficiary Sue the Testator’s Florida Probate Lawyer for Malpractice?

Legal malpractice in probate issues can get complicated. Often times a poorly drafted will means a headache and tons of Florida probate litigation. Can the family members sue a Florida probate lawyer for malpractice then? The answer may be a bit more complicated than you want, check out this recent probate appeal from the Supreme Court of Colorado to learn why.

Probate Malpractice

• Malpractice is a little bit more complicated when it comes to your Florida estate lawyers.
• Ask any Florida will contest lawyer, by the time the damage is done the person who hired the lawyer is also sadly deceased.
• At common law malpractice was basically a type of negligence that required a professional relationship.
• In other words, the person who hires the Florida probate attorney is the one who has standing to sue.
• So what about all the relatives that were harmed by way of the malpractice in Florida probate?
• Can they sue?
• A long time ago, the answer was a simple no.
• Florida probate courts have begun to look at things in a unique way though to allow these actions to survive.
• Do you know how?
• Check out this case out of the Supreme Court of Colorado to learn more.
• How would this have been different if it was in Florida probate court.

Baker v. Wood, Ris & Hames

• This was an appeal from a dismissal of a legal malpractice action in Colorado.
• The question before the Court was whether a dissatisfied beneficiary could sue the estate attorney who drafted the estate plan.
• What do you think?
• The Colorado Supreme Court said that the malpractice, if any was not done to the beneficiary but rather to the decedent, who was the only one who could sue.
• Florida probate lawyers know this case would end a bit differently in Florida and the beneficiaries may have a way to collect.
• Do you know what it is?
• How can beneficiaries sue for malpractice in Florida estate litigation?
• Talk to a Florida probate lawyer to learn more.

Want to learn more?

Check out the entire case by clicking here.

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