Can You Sue Your Late Mom or Dad’s Probate Attorney in Florida? New York Probate Appeal Raises Interesting Questions for Florida Probate Litigation.
Can you sue your late Mom or Dad’s Florida estate lawyer for excessive fees? What about the mistakes they made during the court of estate litigation in Florida? The answer may be yes to both, check out this recent case out of New York to learn more about suing a probate attorney Florida.
Probate Malpractice
- What constitutes malpractice in Florida probate litigation?
- That is a question that everyone wants to know.
- The truth is if you want to sue the will contest lawyer, that will probably be a question for a jury or judge.
- Did you know that it may amount to simply a claim against the Florida estate lawyer’s insurance?
- How much is a malpractice claim from Florida estate litigation even worth?
- Experienced Florida estate lawyers know the answer to that is it depends.
- Depends? On what?
- A lot of things from the egregiousness of the attorney’s errors to the amount it damaged you.
- Do you know whether or not you will be able to bring this case in front of a jury?
- Florida probate lawyers know that it depends on a lot of factors, including your retainer agreement.
- Did you save a copy of the retainer agreement in your own files?
- What constitutes an unreasonable fee to the Florida probate courts?
- Before you answer you may want to check out this recent case out of the Supreme Court of New Jersey.
Higgins v. Thurber
- Two beneficiaries of the decedent’s estate filed an action (probate lawsuit) against the estate’s attorney.
- For what?
- For many things including legal malpractice, breach of contract, breach of the implied covenant of good faith and fair dealing and excessive and unreasonable fees.
- What makes legal fees excessive and unreasonable?
- Probate lawyers Florida know there are a lot of things to consider.
- The attorney had won at the trial level through a motion for summary judgment and the beneficiaries appealed.
- Now the case will be back in trial court and may get to a jury.
- What do you think constitutes a fair fee for probate in West Palm Beach Florida?
Want to learn more before you make up your mind?
To read the entire case of Higgins v. Thurber simply click here.
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