Everyone makes mistakes but when it comes to probate documents these can be expensive and troubling, after all often a mistake leaves money to someone, do you think they are going to admit it was a mistake? Who does a Palm Beach Probate Court believe in such a dispute? More importantly can the losing party recover from the attorney that messed up through a claim in Florida forlegal malpractice?
- legal malpractice is a form or professional negligence, in other words it is a tort. You will have to show a party owed you a duty (not your relative) that the duty was breached and that it caused you damages. In other words not all acts that are “careless” are “negligent”.
- Usually the standard for malpracitce is a “but for” analysis, the court asks if but for the Jupiter Probate lawyer’s mistake you would have something that you now dont (i.e. part of an inheritance). If there is any chance you wouldnt, you may not have a claim, but experienced attorneys know how to establish these cases.
The Sixth District Court of Appeals in California recently released its opinion (on April 9, 2015) in the case of Paul v. Patton which is published in Cal. Rptr. 3d but the exact page has not been released.
- A father died leaving a revocable trust that became irrevocable to his children and wife with many particularities and a probate lawyer made a mistake, leaving the wife a stock portfolio that should have been left to the children evenly.
- The court was able to prove this because the last will and testament voiced such an intent. The mother and the children settled the property matter outside of court but they still pursued a malpractice action against the attorney. They likely wanted reimbursed for the expensive of resolving the issues also its not clear the mother put up no fight for the money.
What can I do about legal malpractice? Palm Beach Probate Lawyers know the duty owed to clients and are prepared to go into civil court for malpractice claims when necessary.
As I said the exact cite to this case has not come out yet, so if you want to find it for free just click here.