SON SUES DAD IN #ESTATE LAWSUIT AND #PROBATE TRIAL LAWYER OVER #WILL CHALLENGE
One of their comedy skits when something like this:
“Who should I sue?”
“Sue you!
“Sue me?”
“Yea. Sue everyone!”
“For what?”
“Punitive damages!”
NEW #INHERITANCE LAWSUIT PITS CLIENT AGAINST #PROBATE LITIGATOR — $75 Million Estate
In a recent case from Illinois, handed down just days ago, an #estate lawsuit involves a son suing his dad, then his #estate trial lawyer.
When you see a case about a client suing his #probate lawyer, remember two important things:
- a dispute over #attorneys fees is a subspecialty of the law unto its own; with unique rules and procedures — some clients find it frustrating and it may not be as easy or as simple as it appears
- #estate lawyer malpractice, or any time you sue your lawyer with hints of #legal malpractice, it is, like #attorney’s fee lawsuits, a unique area of the law, but one that is more complex
#WILL CONTEST CLIENT HIRES #PROBATE LAWYER ON 50% #CONTINGENCY FEE TO #CHALLENGE THE WILL
What happened in this recent #will contest case ?
- In June 2008, plaintiff met with a new #probate litigator to discuss representation in a #will contest against his deceased mother’s estate — evidently to #challenge the will.
- Plaintiff’s prior #estate litigator withdrew f rom representing him with just weeks remaining to file the #will contest — evidently, the #challenge to the will needed to be filed very soon
- Plaintiff’s new #estate lawyer filed the #will challenge, claiming
- #lack of testamentary capacity
- #undue influence and
- #tortious interference with inheritance expectancy
SON ACCUSES FATHER OF #UNDUE INFLUENCE OVER MOM
The #will contest – – – the #challenge to the will – – – alleged that plaintiff’s father exerted #undue influence over plaintiff’s mother, causing her to remove the plaintiff – – her son – – from her will. This was a #probate lawsuit about #dis-inheriting a son.
The son claims that the #mother’s estate was worth $75 million, but the father claimed that #mother’s estate was worth $25 million.
#WILL CHALLENGE LAWSUIT GOES TO MEDIATION — SETTLES FOR $1 MILLION
The #inheritance lawsuit went to mediation.
Mediations are very common in #Florida probate disputes, and #Florida estate lawsuits. Many experienced #Florida probate litigators will often suggest mediation — but it is important to your #probate litigation strategy that #estate mediation be done at the right time. Not too soon, and not too late. You need a Goldilocks mediation. Go to an #estate mediation too early, and you have no leverage. Attend an #estate mediation too late, and you run the risk that the parties are dug in, and won’t budge or settle.
In this recent case, the #will challenge, and #estate lawsuit, settled at mediation with the plaintiff getting $1 million. He then sued his #estate litigator over a $500,000 #attorney fee. The #estate lawyer had the #attorney fee lawsuit dismissed at the trial level, and the appellate court affirmed.
FOR REFERRAL SOURCES, LAWYERS AND LITIGATORS
Our #Florida probate law firm
• does not draft 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 litigation
- after all, they are YOUR clients
- we try cases
- we handle appeals
- restricts its practice to #Florida probate disputes
- 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 95% of our clients from other lawyers
- we take contingency fee cases.
Our firm is comprised of
- serious Florida litigators,
- focused probate lawyers,
- experienced paralegals and support staff.
We have been involved in high profile, nine figure, multi-, 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, The Wall Street Journal, MarketWatch, NBC, ABC and Fox.