Legal Question in Legal Malpractice in Florida

Never entered in as personal rep by attorney who was hired to do this

short version, my Mother passed 2005,April . Hired an Attorney to Probate her Will &Enter me as Executor 2 take care of her Estate. Attorney failed 2 enter me as Personal Rep, as he was hired to do. Brother(50% owner of property also) decided when it was out of probate we would sell as I was paying all exAnd when the Realtor came with an offer of 125,000,my Brother decided he no longer wanted to sell his half of the property now, that I paid to have it put into mine and his names,& signed his share (50%)over to my other brother (not in will)and his girlfriend. I asked my attorney to execute my rights as personal rep, so I could have him removed and continue with the sale as was my right, my Attorney informed me that he neglected to do this during the probate part and now it was entering the proof of Homestead part, and was to late to do so now, he was very sorry but that I would now have to hire an additional Attorney to Partition it, which I did, & ended up having to sell at court house auction for 17,000, when the offer had been when my brother refused to sell, for over 125,000. I also just found out that this should have gone formal,but he fudged it to make it summary.PLEASE HELP RUNNING OUTTime HE HAS CAUSED ME GREAT LOSS..


Asked on 1/31/09, 8:01 pm

1 Answer from Attorneys
Steven Meyer CPLS, P.A.

Re: Never entered in as personal rep by attorney who was hired to do this

Hello,

Our office has handled a lot of malpractice claims. You definitely should speak to an attorney right away. It sounds as if you may have an issue with the 2 year statute of limitations for making a malpractice claim. You retained the attorney nearly 4 years ago. We'd be happy to discuss the situation with you. We offer a free initial consultation.

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Answered on 1/31/09, 10:06 pm


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