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Estate beneficiaries rely on attorneys to give them legally accurate and prudent advice for how to handle trusts and estates. Not only are their rights and interests at stake, but so are the wishes of the decedent as expressed through his or her estate plan. If you are a beneficiary whose attorney gave bad advice concerning a trust or estate, you may have a claim for malpractice. The first and most important step you can take is to reach out to the dedicated attorneys of Stanfield Bechtel Law.
Examples of Bad Attorney Advice
An attorney involved with a trust or estate can give bad legal counsel that negatively impacts the rights of beneficiaries. Some examples include:
- Providing inaccurate or incomplete legal advice: Perhaps the most obvious mistake is giving bad advice concerning estate and probate laws.
- Not advising action concerning a breach of fiduciary duties: If a trustee or executor breaches their fiduciary duty (for instance by putting their personal interests ahead of the estate), taking legal action against them may be necessary to protect the beneficiary’s rights.
- Not taking action against another beneficiary engaged in undue influence: Some beneficiaries often seek to unduly influence the actions of the trustee or executor, which could affect the rights and interests of other beneficiaries.
- Not advising the beneficiary to seek tax advice: For example, the assets that the beneficiary has inherited may generate taxable income, and the beneficiary should know about this and speak with a tax professional.
- Advising the beneficiary to liquidate assets: The attorney may prematurely advise a beneficiary to sell off estate property before probate is complete or creditors are paid.
- Recommending selling assets to pay questionable creditors: Not all creditors have legitimate claims on estates, but an attorney may fail to conduct due diligence in vetting the debt and incorrectly advise the beneficiary.
These and other forms of bad advice could cost the beneficiary in terms of lost or diminished inheritance, unnecessary court and legal fees, and personal liability. But to prove these damages, the beneficiary must be able to demonstrate that the attorney’s actions constitute malpractice.
When Is Bad Advice Legal Malpractice?
It’s a common misconception that a lawyer who commits any error or doesn’t win a case is automatically liable for malpractice. But the law does not hold attorneys to such an exacting standard. Like other professionals, attorneys can make mistakes and give bad advice in doing so. The question is whether the mistake is unreasonable in light of the circumstances.
Lawyers are required to use the same care for their clients’ needs and interests, legal skills, and professional diligence that other lawyers use under the same or similar circumstances. An attorney who negligently fails to uphold this standard of care, thereby harming the client (in this case, the beneficiary), is said to have committed malpractice.
In the context of estate and probate matters, that malpractice may be evidenced by;
- Not knowing the laws, or applying the wrong laws, after holding oneself out as a competent estate planning attorney
- Failing to refer the beneficiary to another estate or probate lawyer who can competently handle the matter
- Doing little or nothing to investigate claims made by creditors and others against the estate
- Taking no action to try to prevent another beneficiary from exercising undue influence over the trustee or executor
- Failing to recognize trustee or executor misconduct and advise the beneficiary accordingly
- Failing to give any advice at all
We Can Help You Assert Your Rights
If any of the above examples sound familiar to you, or you are not sure whether your estate or probate attorney gave you negligently bad advice, it’s imperative that you seek legal counsel. By filing a legal malpractice lawsuit, you may be able to win compensation for the losses you have experienced. Schedule your initial consultation with Stanfield Bechtel Law today.