why do estate planning attorney get sued

They often make mistakes in distributing assets or reporting information to the probate court. One reason that executors of estates often get sued is that they neglect to understand that their responsibility is to distribute assets in alignment with what’s outlined in the testator’s will.

Full Answer

How can an attorney help you plan your estate?

Jun 29, 2016 · In 2008, right before the housing market crashed, a middle-aged couple in Carlsbad, California sued their real estate agent for misrepresenting their home’s value. They bought the home for $1.2 ...

Can you get sued as a real estate agent?

Jan 31, 2019 · One reason that executors of estates often get sued is that they neglect to understand that their responsibility is to distribute assets in alignment with what’s outlined in the testator’s will. When an executor allows their own personal beliefs, thoughts or allegiances to determine who they distribute assets to instead of following the testator’s final wishes, they …

What is an estate planning attorney called?

In the event that a beneficiary (or even an individual not designated as a beneficiary) announces that he or she plans to contest the will and sue the estate of a deceased family member or loved one that you also stand to benefit from, it might be in your best interest to consult an estate planning attorney immediately.

Did a California couple sue their real estate agent for misrepresentation?

An estate planning attorney can help with many things, one main thing is tax issues and drafting documents. ... If your family member was sued and they have interest in the entity, this would help decrease the amount paid to the claimant overall. Not swapping out, many irrevocable trusts include swap powers. These types of trusts are often used ...

Why do lawyers get sued?

Here are five common reasons lawyers get sued along with real-life cases of lawyers who have encountered such lawsuits. 1. Claims of negligence. It’s not uncommon for clients to feel their lawyer was negligent or breached their contract or fiduciary duty—especially when they don’t win their case.

Who sued Craig Robinson?

Craig Robinson, a Philadelphia lawyer-turned-reality TV star, was recently sued for malpractice by ex-clients Luis and Migdalia Santiago, who alleged that Robinson “neglected and abandoned” them after he was cast as a contestant on The Bachelorette in 2010, according to LawyersAndSettlements.com. The Santiagos also sued Robinson’s former firm, Haggerty, Goldberg, Schleifer & Kupersmith, alleging that it assigned them a different lawyer who was ill-prepared to handle their personal injury case.

What did the Santiagos sue?

2. Breach of confidentiality.

Why did Guillermo de la Garza sue Randal Mack Hall?

Houston divorce attorney Guillermo De La Garza and his firm Bill De La Garza & Associates PC were sued in 2009 for $50,000 by former client Randal Mack Hall, who claimed that De La Garza poorly managed the paperwork, among several other claims, according to The Southeast Texas Record.

Who was the lawyer who killed Isiah Callaway?

The co-defendant, Tavon Davis, had Callaway killed soon after Feldman disclosed that information to him, the lawsuit claims. Callaway’s family members sought more than $40 million in damages, according to The Baltimore Sun.

Who is the lawyer for the Hendricks case?

Hendricks alleged that her lawyer, Timothy L. Eves, filed her lawsuit two weeks after the two-year statute of limitations, according to The West Virginia Record. A judge had dismissed Hendricks personal injury lawsuit due to the missed deadline. 5. Professional misconduct.

Is the legal profession rife with legal risks?

The legal profession is rife with legal risks. A study by the American Bar Association found that malpractice claims against lawyers have risen significantly in recent years, according to a report by LexisNexis.

What is estate planning attorney?

Estate planning attorneys, also referred to as estate law attorneys or probate attorneys, are experienced and licensed law professionals with a thorough understanding of the state and federal laws that affect how your estate will be inventoried, valued, dispersed, and taxed after your death.

Can an estate planning attorney help with probate?

In fact, a good estate planning attorney may be able to help you avoid probate court altogether, but that largely depends on the type of assets in the deceased's estate and how they are legally allowed to be transferred.

Why do lawyers love their clients?

Lawyers love clients who sue over "principle," because their cases usually go on longer than those brought solely for economic reasons. If you're a defendant, resist the urge to countersue unless you have a solid case. See a therapist instead—they're cheaper than lawyers, and you'll feel a whole lot better. 9.

What is the unpleasantness of being a litigant?

The Incredible Unpleasantness of Being a Litigant. There's nothing worse than that sinking feeling you get when you are handed a legal document that announces you're being sued. Say hello to lawyers, courtrooms, big bills, sour stomachs, and sleepless nights. Here are things you may not know about being on the receiving end of a lawsuit.

Do you have to accept papers in a lawsuit?

1. You're it. You don't have to "accept" the papers that begin the lawsuit. You just have to be "given" the papers … which can mean that the server announced what the papers were and then presented them to you … even if you throw them on the ground. (p.s. That may earn you a citation for littering!)

What is a living will?

The living will is a document that expresses whether you prefer to use “extraordinary measures” to extend your life even if there is no expectation that you might ever regain consciousness. This living will is considered by your power of attorney as well. Drafting this document will help to ensure that you are not put on life support if this is not something you wanted during your conscious life.

What is a durable power of attorney?

The Power of Attorney is a legal document that gives authorization from one person to another to manage their financial affairs. “General durable power of attorney” gives immediate power to another person upon your death.

What is a will and testament?

Your last will and testament are documents that outline who your assets go to upon your death, as well as other decisions that need to be made. This might include exactly which assets go to which individuals, guardians for your minor children, and the prevention of your property and children being taken into the state’s system. It is important to contact an estate planning lawyer to be aware if you need a living trust in addition to the last will and testament to be fully protected.

Why do obese people sue?

An obese customer suing a restaurant because of the small size of the booths. A client or shopper suing the store to claim compensation for a false or exaggerated injury. A thief breaking into a house suing the owners because he tripped over a wire and hurt himself.

What is frivolous lawsuit?

What is a Frivolous Lawsuit? The official frivolous lawsuit meaning, according to the US Legal system is a legal claim that is filed by any entity or individual who is well aware that the lawsuit has no facts or basis to support it. Frivolous lawsuits may also be filed to delay other legal proceedings.

What happens if you file a motion to dismiss?

In fact, if your attorney were to plead a motion to dismiss, the lawsuit could get thrown out even without being heard. Also, be aware that attorneys who represent litigious people can be sanctioned for filing such frivolous legal actions in court.

What to do if you feel the matter can't be settled?

But, if you feel that the matter can’t be settled, go ahead and work with your attorney. Remember, depending upon your case, the law may direct the prevailing party in a lawsuit to pay attorney’s fees if it is proved that he sued in bad faith.

Can a lawsuit be filed for strategic reasons?

For example, certain real estate proceedings cannot commence if the real property at issue is involved in a lawsuit. A frivolous suit may be filed for strategic reasons as opposed to meritorious reasons. If you’re at the receiving end of a similar situation, here’s what you need to know.

Can you give something without checking with your attorney?

Do not agree to any claims or give something without checking with your attorney. Work on the assumption that the litigator will try to intimidate you by lying and adding untrue facts to the situation. Also, know that bringing a lawsuit and proving the claim are two different things in court.

Do litigious people threaten to take you to court?

Not only are such lawsuits very common but know that most litigious people simply threaten to take you to court without having the intention to do it. The behavior they display is vindictive and spiteful and typically intended to get back at you by causing emotional and mental anguish along with monetary loss.

Claims of Negligence.

See more on sba.thehartford.com

Breach of Confidentiality.

Administrative errors.

Missing Filing deadlines.

Professional misconduct.