This is the kind of case that makes people dislike #estate lawyers.
A #probate lawsuit resolved about a week ago, saw family members engage in #probate litigation, when they #made a claim in the estate for 50%. When Helen died, the #probate lawsuit started. Her second cousin, and nephew, #made an estate claim for 50% of the #probate estate. The #probate lawyer wanted to have the #estate lawsuit dismissed. The #probate court agreed, as did the #appeals court for the probate matter. Here’s what happened.
FAMILY SUES #ESTATE LAWYER
When Helen’s relatives #made a claim on the estate, they argued the following:
- #legal malpractice — the #estate lawyer failed to prepare a #new will and #new trust #changing beneficiaries, and #adding estate beneficiaries
- #breach of contract— the relatives claimed they were #third party beneficiaries of #the will
- •#negligent interference with inheritance — each of the relatives claimed they had an #expectation of #inheriting a 25% #share of the estate
HELEN TELLS #ESTATE ATTORNEY TO PREPARE A #NEW WILL — #estate planning attorney sends Helen invoice for legal services, but doesn’t #write a new will
- The lawyer who was sued was Helen’s #estate planning attorney.
- Helen had already lost her husband and her brother.
- Helen’s old #will and #trust left 100% of her estate to a church.
- Her cousin and nephew started to take care of Helen as she grew older.
- November 2011: Helen wants to #change her will.
- Helen calls her #estate planning attorney
- November 30, 2011. Helen tells her #estate planning attorney that she #wants to change her will and leave 50% of her estate to her nephew and second cousin.
- Helen wanted her #estate planning attorney to #write a new will to name them as #co-executors of her will. She also wanted a #power of attorney.
- She never got them.
#ESTATE PLANNING MALPRACTICE? #estate attorney tells client he will write new #will and new #revocable trust by December 6, 2011
Listen to the facts in this #probate litigation case, and you tell me if the #will and trust lawyer committed #legal malpractice:
- the #estate planning lawyer sent a bill for #legal services to Helen on December 1 ! He had time to send a bill but not to do as the client requested?
- December 5 – – the #estate planning attorney’s office is called
Q: did you write the new will and trust ?
- December 7 – – – #estate lawyer called again
Q: where is the new will and trust ?
- December 7– Helen dies—-#estate lawyer never prepared the new will and #revocable trust. Helen dies with #old will — 100% of #estate to #charitable beneficiary.
- Family inherits nothing
#FAMILY LOSES #ESTATE LITIGATION — #estate attorney who did not draft will or trust fast enough wins
The court which heard this #inheritance lawsuit, and this #estate planning malpractice case, dismissed it. The #probate court found that the family members were only potential beneficiaries and not #intended beneficiaries. Helen’s #estate planning lawyer did not owe them a duty.
FOR REFERRAL SOURCES, LAWYERS AND LITIGATORS ONLY
We help you with Florida estate and trust administration and trials, and #probate appeals.
Our #Florida probate law firm
- does not prepare estate plans
- does not draft wills and trusts
- does not steal your clients or your probates
Our #West Palm Beach, Florida #probate litigation firm :
- hands your clients back to you at the conclusion of the #Florida matter—after all, they are YOUR clients
- we try cases & handle appeals
- our practice is restricted to #Florida probate disputes & contested guardianships
- we work with you on #Florida estate administration, #Florida probate
- we litigate for and protect beneficiary rights
- we represent #Florida personal representatives or executors, and #Florida trustees
- we receive approximately 95% of our clients from other lawyers
- we take contingency fee cases
Who are we? Our firm is comprised of
- serious Florida litigators, with an outstanding reputation in our legal community
- focused probate lawyers,
- experienced paralegals and support staff.
We have been involved in high profile, nine figure, multi-million-dollar #Florida estates, including Madoff matters, old # Palm Beach money and complex trusts and multi-party #Florida probates. We also handle “small” or “simple” matters. All we do is litigate and help you with #Florida estate and trust administration. #Tortious interference with an inheritance and allegations of #undue influence, and #will challenges and trust challenges are a unique subspecialty of the law. Does your client know which ones to file, when to do that, and why? Do you know the different ways to prove each case? How about quantifying or assessing damages? It would be our pleasure to work with you and to serve your clients. For a complete copy of this very recent legal opinion please email michelle@pankauskilawfirm.com.
John Pankauski, www.johnpankauski.com, is the author of The Trustee’s Book – An Individual’s Guide To Money, Misfits, Marriages, and Mismanagement, and the upcoming The $41 Trillion Inheritance War. He is an estate and trust litigator in West Palm Beach, Florida, www.pankauskilawfirm.com and has been featured on the CBS Evening News, in The Wall Street Journal, MarketWatch, NBC, ABC and Fox networks.