South Carolina Supreme Court ruling lets niece sue uncle’s estate lawyer
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?
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