Legal Question in Wills and Trusts in Pennsylvania

If an attorney (the same one who wrote the will) is retained by the executor of an estate to handle the calculations and distribution of inheritance to each beneficiary and, later, after distributions have been made it is discovered that a mistake was made, does the executor have any legal recourse to recoup his/her loss that was caused by the miscalculation/distribution? Is there such a thing as legal malpractice in Pennsylvania? Would the attorney then be liable to make up the difference to the slighted party?

Asked on 6/25/10, 4:02 am

John Davidson Law Office of John A. Davidson

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Assuming the error could be proven yes the executor could sue the attorney.

Yes there's the concept of legal malpractice in Pennsylvania. It's why us lawyer types carry malpractice insurance.

{John}

Answered on 6/25/10, 7:09 am

Rachel Hunter

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Yes - see Guy v. Liederbach 501. Pa 47, 459 A 2d 744 (1983) and its progeny. That case holds that the beneficiaries can sue the attorney.

Talk to a legal malpractice lawyer immediately.

Answered on 6/25/10, 12:17 pm

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