Legal Question in Wills and Trusts in California

i need to know if a lawer failed a probate an one paper an on a nother one he lied so the person he was working for could still the money out the probate ca he be sued for what he did? one the first paper he said ther was an minor hair the on the othe one he said every one is of age an they should wave bond an the lady who he was helping stole over 190000 an he never faild a bond so i need to know if i can sue him?


Asked on 11/29/10, 8:05 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

I do not see the connection between how the two documents resulted in her being able to steal any money. If the attorney acted below the standards of other attorneys then he is liable for malpractice if those actions resulted in an economic loss to his clients. If the attorney intentionally acted to assist someone to steal money then he is liable for a tort action and also contract breach and probably also a criminal charge, but would not be covered by his malpractice insurance as it was an intentional action and not mere negligence.

You have to show a connection between what he did and the stealing of the money. Whether or not there is a minor heir would have nothing to do with whether a bond would be required except if there was a minor heir without a guardian to give approval to the waiving of the bond. You need to tell us more facts for any one of us to decide if there is a basis to sue the lawyer.

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Answered on 12/04/10, 8:16 pm


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