What happens when your attorney loses track of your Florida estate planning case?

In a recent Ohio probate case, the estate of a wealthy decendent, estimated to be worth over $12 million, was hit with a late-filing penalty of over $1 million, nearly 10% of the estate’s value.  What was the reason?  The probate attorney handling the case failed to file the tax returns on time.

According to media reports:

• Janice Specht, a co-fiduciary of the estate, hired Mary Goeke Backsman, an attorney with over 50 years of experience in estate planning.
• However, Specht was unaware that Backsman was privately battling brain cancer.
• Moreover, according to the court, Backsman deceived Specht, whether intentionally or unintentionally, about the status of an extension on the filing of the estate’s tax returns.
• That deception eventually led to malpractice claims and the voluntary relinquishment of Backsman’s law license.

You can read the full story here.

What can you do if you suspect your attorney is mis-handling your case?

• Suppose you are currently dealing with an attorney for a substantial estate administration in West Palm Beach, or have hired a Wills and Trusts attorney in Boca Raton to assist you with a gift tax.
• Suppose further that your attorney is not responding to your calls or answering your emails, and is all around acting suspicously.
• According to the FL Bar, if you aren’t happy with the way the attorney you’ve hired is handling your case, you have the right to dismiss him or her and find another. However, you will probably be responsible for paying for time and costs associated with your case up to that point, so this is not a step to be taken lightly.
• Once your case has progressed to the point where the attorney has appeared on your behalf, a judge usually must approve a decision to take an attorney off a case.
• Many times, a client’s problem with an attorney is a communications problem.
• If this is so, you should certainly let your attorney know of your displeasure and see if a solution can be reached before firing the attorney or making any formal complaint.

Have you had any experience working with attorneys in cases involving wills and trusts in Florida?  Is so, leave a comment below.

See http://www.pankauskilawfirm.com/ for videos and information on Wills in Florida, Florida Probate Law, Estate Planning, and Estate Administration in Florida.