Is suing for estate planning malpractice worth it? March 12, 2015 Texas malpractice case

When you read that court opinion and you see that someone is liable  (responsible) to you for damages in a Florida Probate Court you are probably happy and just assume “that is that”, you are as good as paid right? Well, does that order from the probate judge say that the Personal Representative is liable in their personal capacity or in their capacity as Personal Representative. 

Suing an Executor of Will — personally or as executor?

• Civil, Probate and Family Courts are not worried about finding parties guilty …..there is enough of that going on down in the criminal courts. Rather these courts are worried about who is liable for damages, i.e. who has to pay?
• Just because a party is liable, though, does not mean they have to sell everything they own to pay you —right? There are other things like homestead protections that may protect them, but is that it? Not necessarily.
• A person in Florida can be found liable in either their personal or individual capacity.
• Does a person who is found liable in their official capacity have less of a duty to pay?

Why do you want to be trustee or executor of the will?  There’s liability !

• 1 Party appeals the Texas Probate Court’s finding that the Personal Representative is only liable to him in their capacity as Personal Representative rather than personally in their individual capacity.
• If you are suing an executor of a Palm Beach probate or a trustee of a Florida trust, consider reading this recent Texas case.Why? So you get an understanding that a trustee or executor of a Palm Beach will, if liable, might have to pay you from your inheritance or from their own, personal, individual, funds…… hmmmmmmmmmm
• A father passed away and left one of his two sons to probate the estate, and left theestate divided amongs his children and grandchildren.
• The will had a no contest clause invalidating any assets given to a party who challenged the will without good faith.
• Ultimately the other child sued due to the disposition of the estate and the trial court found that he had been shorted his right to his inheritance. 
• A party appealed the trial court order finding that the executor of the estate was only liable in their professional capacity, but what does that mean? Are you sure that you are going to get what is owed to you according to the Court in your Palm Beach Probate trial?

Considerations for anyone who may be probating an estate in Florida:

• Does your family have a house in Boca Raton that may be sold in an estate sale and the proceeds divided up?
• Are you and your siblings dividing up the assets of your family after Dad passed away in that Delray Beach Home? Do you think that your brother in Jupiter is getting more than his fair share?
• Are you sure that you are getting what you need when you go to court, do you understand the various types of liability open under Florida law and which one is best for your situation?

Want to read the entire opinion? Click here.