Florida law on estate planning malpractice was cited in a landmark Supreme Court of South Carolina case involving estate plans & malpractice allegations. The Supreme Court commented on the Florida law issue of “privity,” or the privity exception to the estate plan malpractice rule that you generally must be in privity with the attorney who you believe committed malpractice.
Can I sue my dad’s estate planning attorney for malpractice if I don’t inherit from the Palm Beach probate?
- The general rule is that privity is achieved by a legal services contract.
- In other words, the only person who can sue a Probate Lawyer is the client who hired the estate lawyer to draft the will or living trust.
- Of course, if the estate planning client dies, his or her estate may sue in that person’s name.
- In that case, the executor of the Palm Beach will, or the Personal Representative of the Florida Estate, would sue for estate planning malpractice.
How do I sue my uncle’s estate attorney for malpractice for a bad estate plan?
- The exception to this privity rule is third party beneficiaries.
- But caution is required: read the Florida appellate cases on malpractice involving inheritances, probates, wills & trusts. It’s not as clear as one may think.
- And understand that Florida has a 2 year statute of limitations to sue a Florida lawyer for malpractice.
Florida lawyers that know how to sue an estate lawyer for estate plan malpractice.
- Here is a free copy of the estate plan malpractice case involving a lawyer who writes wills and trusts which was issued October 29, 2014 by South Carolina’s Supreme Court:
http://www.judicial.state.sc.us/opinions/HTMLFiles/SC/27460.pdf
- 2014 WL 5462562
- Fabian v. Lindsay, III is the short name of this malpractice case involving estate planning, and wills and trusts
- Erika Fabian v. Ross M. Lindsay, III and Lindsay and Lindsay, LLC is the full name of the malpractice estate case
- South Carolina Appellate case No. 2012-213726
- No. 27460
- Heard April 2, 2014
- Decided: October 29, 2014