What did Probate Litigants Need to Know About Florida Probate Litigation?

What happens a Florida probate lawyer makes a mistake in estate  litigation Florida? This may spellmalpractice in Florida probate litigation. Do you know your rights to a malpractice lawsuit in Florida? Check out this recent case out of the Appellate Court in New York to learn more. 

Malpractice in Probate

• Malpractice in probate can be complicated depending on what jurisdiction you are in.
• Probate attorneys Florida owe a duty to act reasonably as learned experts in their craft, namely law.
• When estate attorneys Florida fail to act reasonably, sometimes nothing happens but other times it could cost you big time.
• That is when you may have a claim of malpractice against the Florida estate lawyer.
• Florida estate attorneys know that the group of people they owe a duty to in probate litigation is somewhat limited.
• Traditionally when a Florida estate lawyer made someone an estate plan then the only person who could sue for malpractice was that person, the testator.
• Do you see the problem with that?
• How can they sue by the time they find the problem the testator is probably dead!
• Will contest lawyers in Florida know that the rule in Florida has somewhat expanded.
• How?
• It may help to see the rule in other jurisdictions to better understand.
• Check out this case out of New York first.

Sutch v. Lenz

• In this case the beneficiary of the estate brought a legal malpractice action against attorneys, who represented administrator of decedent’s estate in medical malpractice and wrongful death actions. 
• The attorney moved to dismiss alleging there was no attorney client relationship and the trial court agreed.
• On appeal so did the reviewing court.
• What went wrong for the plaintiff here?
• At least in this jurisdiction you need an attorney client relationship to sue for malpractice.
• That can be hard to establish when the decedent or personal representative hired the lawyer and not the beneficiary in Florida. 
• So what is the rule in Florida?
• Like most things in law, its complicated. 
• The solution?
• Talk to an experienced Palm Beach probate litigator to see if you have a claim.

Want to learn more?

Check out a free copy of the case of Sutch v. Lenz by clicking here. 

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