Legal Question in Legal Ethics in North Carolina
Who is responsible for major error occurred by the lawyer I retained to help me administer my late brother's estate? My bro. was intestate, with a 300,000+ cash only estate; he was never married, no children, with me, two half-brothers, 13 nieces & nephews and 4 grandnieces and nephews as heirs. The error happened when the lawyer figured on 6 family groups instead of 7 (4 brothers & 3 sisters) I gave him correct information from the beginning and had complete trust in his figures, not knowing at the time how he did it. He took full responsibility for the error, at the same time indicating that the clerk of court told him he must ask for reimbursement of 6,000+ dollars from each of my two brothers and myself. No problem, however unpleasant it was for me & one brother to reimburse ours, but the other brother says he has spent all his share and doesn't have it to reimburse and has no intention to do so. The approx. 20,000 dollars would be distributed to the other heirs, who, by the way, never knew this uncle. So, what would be the answer to this problem, legally?
1 Answer from Attorneys
The lawyer's liability insurance would probably cover the mistake. No other heir should be responsible to pay. Have a frank conversation with him as to how he wants to resolve it.
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