Learn How a Florida Estate Lawyer May be Able to Toll the Statute of Limitations

Uncategorized • Jan 12, 2016

Estate litigation in Florida can get complicated and Florida probate lawyers may make a mistake. How long do you have to file a claim of legal malpractice against a Florida will contest lawyer? Do you have to wait until after the Florida probate litigation is over? Check out this recent case out of The Supreme Court of Rhode Island before you file your claim for legal malpractice.

Statutes of Limitations May Toll

Do you know what a statute of limitations is?
Florida estate attorneys have a limited time to file things like probate lawsuits because of these statutes.
They act as a sort of judicial stop watch.
But guess what?
They also limit your right to bring a legal malpractice action against the probate attorneys Florida.
How long do you have to file a claim for legal malpractice in Florida?
What if you are still in the midst of Florida probate litigation?
Does the statute of limitations toll during the lawsuit?
It may depend on when the malpractice actually occurred but how can you be sure?
Consult estate attorneys in Florida for sure but maybe start with this recent probate lawsuit that made it to one State Supreme Court.
How often do Florida probate lawsuits make their way to the Florida Supreme Court?

Mendes v. Factor

This was an interesting probate appeal that made its way to the Supreme Court of Rhode Island.
Many in Florida do not know how a probate appeal can get to the Florida Supreme Court, do you?
Here the children of the decedent brought a breach of fiduciary duty claim against the executor.
An executor is a lot like a personal representative of an estate in Florida.
They are charged with the duties of representing the estate throughout the probate administration process.
The children also brought a legal malpractice action against the executor’s attorney.
Wait, he is not their lawyer!
Can they do that?
Possibly, although this time they lost because the statute of limitations had tolled.
In other words, they waited to long.
Time is of the essence for Florida probate lawsuits.

Want to learn more?

Check out the entire case by clicking here.

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