If you got cut out of a will or a Boca Raton estate plan and believe that it was the fault of the estate planning attorney Palm Beach, you might be thinking about suing for malpractice. A new estate planning malpractice case was just handed down on October 29, 2014 by the Supreme Court of South Carolina and it’s got everyone talking about writing wills & trusts and estate planning malpractice, including here in Palm Beach.
Can you sue your uncle’s estate planning lawyer Boca Raton for malpractice?
- Let’s say that your Uncle Saul lives in Boca Raton and he’s filthy rich, like worth $50 Million
- He had a Florida will drafted by his probate lawyer Lake Worth, that left you $100,000
- He also had a Florida revocable trust, also called a Florida living trust, that did likewise
- But then, that all changed…………… he wanted an amendment to his Florida Estate Plan to leave 1/4 of his estate and Florida trust to you
- He went to his probate lawyer Lake Worth to prepare an amendment to his estate plan but then he died before it was signed. After all, the estate planning attorney Lake Worth was busy
- Can you sue the probate lawyer Florida for not writing the change to the estate plan fast enough?
What does Florida law say about suing for Estate Planning Malpractice?
- Florida law on estate planning malpractice suggests that you have to be in privity with the probate lawyer you want to sue
- Most estate beneficiaries are not in privity since it’s your relative, in our made up scenario, the rich uncle from Boca Raton, Florida, who was in privity
- So, the executor of the will of your uncle’s estate can sue the probate lawyer for malpractice in Florida, or put another way, the Personal Representative of the Palm Beach estate has the legal ability to sue for estate planning malpractice Palm Beach
- There is an exception to this privity requirement under Florida malpractice law
- The exception is for third party beneficiaries, who may be referenced in the will
- But what about the revocable trust Florida?
- Can you sue for tortuous interference with an inheritance under Florida law?
- There are appeals court cases Florida regarding estate malpractice which many believe should be changed or altered, so talk to your malpractice attorney Florida first before you start suing everyone and face a motion to dismiss or a motion for attorneys fees
South Carolina estate planning malpractice case
- This recent malpractice case is worth a read if you are involved in a malpractice lawsuit Florida regarding a will, trust or an estate plan
- 2014 WL 5462562
- Fabian v. Lindsay III, No. 27460
- Here is the link to read the entire legal opinion on this estate plan malpractice case for free: http://www.judicial.state.sc.us/opinions/HTMLFiles/SC/27460.pdf