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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