Legal Question in Wills and Trusts in Missouri

We paid a lawyer to set up an ab marital trust and by mistake he misnamed the trust in my deceased husbands name only.....the county (Cass county Belton Missouri) has now awarded my adult sons half of my estate. Can I sue the attorney for damages. I did not probate the will intime because I thought I had a trust set up that would protect me. My husband and I set up this trust with the attorney but the attorney named it wrong as he only put my husbands name on the trust.

Please let me know if their is any thing I can do for this error that the attorney made?

Thank you,

Cheryl Chamberlain

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Asked on 2/02/11, 1:16 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

You will need to review this matter with an attorney who handles legal malpractice cases. If the attorney who drew up the trust was professionally negligent, you may be able to recover monetary damages through that attorney's malpractice insurance carrier. Contact your local bar association or the Missouri Bar to locate an attorney to help you if you do not already have such an attorney.

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Answered on 2/08/11, 9:48 pm


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