Every so often, estate planning attorneys make mistakes when drafting a client’s testamentary documents or Trust—negligent acts that provide grounds for harmed parties to bring legal malpractice action in probate litigation. Iowa code imposes high duties on lawyers to perform with competence and to act zealously while working in the client’s best interests. When estate planning counselors breach these ethical …
Why Bringing Legal Malpractice Action Against Iowa Estate Planning Attorneys Gets Complicated
In most circumstances, an attorney’s legal duty of care extends to his/her clients and not to third parties, since the harm caused by a lawyer’s negligent performance proximately damages only the client’s interests. But is this policy fair for malpractice victims who discover a lawyer’s negligence only after the client has passed away? This is exactly what happens when an …
Estate Planning Malpractice in 2020 and How to Avoid It
“Clear record keeping is an estate planning attorney’s strongest defense against legal malpractice claims.” The scenario above demonstrates how estate lawyers are uniquely exposed to legal malpractice lawsuits. Working in estate law does have its rewards, but truth be told, most lawyers plan their clients’ estates with pessimistic expectations that someone somewhere will eventually claim they breached a legal duty …
Why Legal Malpractice Claims Arise From Will Drafting Mistakes and How to Avoid Them
Some attorneys have shortcomings when it comes to preparing testamentary documents. Making mistakes when drafting wills—either because of poor communication, imperfect discovery or unfamiliarity of estate law—is the single most common legal malpractice claim that challengers bring during probate litigation in Iowa. In many cases, lawyers can avoid making drafting errors during estate planning. Lack of Communication Most estate malpractice …
Newsflash: Woman Files Legal Malpractice Lawsuit After Family Attorney Indirectly Receives Millions From Husband’s Estate
In 2010, Randy Driscoll’s will provided his wife Cindy Driscoll with real property and 2.4 million dollars in estate assets. Randy’s will also conveyed a six generation family farm to his nephews. Randy passed away in 2015. Cindy however became horrified after his estate planning attorney, Gerald Neil, produced a revised will and trust in probate that decimated Cindy’s inheritance …