Miami Trustee is too Late to Sue Former Attorney for Malpractice, Third DCA Case.

Are you currently serving as trustee of a West Palm Beach trust? You  may be concerned about prior acts when you were not trustee for example was there attorney malpractice? Time is of the essence in West Palm Beach because if you sue too late the time limit may run. Do you know how long you have to sue as a new trustee in West Palm Beach? You are going to want to learn about the statute of limitations.

Statute of Limitations

• Do you know what a statute of limitations is?
• You cannot sue into eternity, you have to bring the lawsuit in a reasonable amount of time.
• Different lawsuits in West Palm Beach have different statutes of limitations.
• While you may have years to sue for breach of contract it could be as little as 90 days to contest a will.
• Another issue is when does the clock start ticking?
• Check when the notices of administration were filed.
• Keep in mind you also need to give your Palm Beach probate attorney time to do the work,
• Showing up the day the statute runs is not the way to win your West Palm Beach will contest or trust suit.
• Trustees are in an interesting predicament.
• Sometimes a new trustee comes on because of the bad acts of the prior but the bad acts happened years ago.
• What can you do?

Forbes v. Lehner P.A.

• This was something called a “clawback” lawsuit.
• The new trustee was suing a prior counsel for bad law work and “clawing back” to a time when he actually was not the trustee.
• The problem was the trustee waited too long and could not bring his claim because of the statute of limitations.
• Do you think that is fair?
• He just became the new trustee and the prior trustee was probably in cahoots with the attorney.
• Are the beneficiaries in this case out of luck with those lost trust funds?

Want to learn more about the statute of limitations in West Palm Beach?

Check out the entire case by clicking here.