Legal Question in Wills and Trusts in Virginia
Do I have a malpractice claim?
My parents hired an attorney to draft their will. Upon their deaths, the attorney helped the executor settle their estates and -- supposedly -- create the trust for my siblings and I. Over the years, it became clear that the executor was a pretty poor executor. He poorly invested funds, lost track of accounts, and seemed to always file taxes late. The attorney continued to be involved. We siblings tolerated all this though because my parents wills did name him as the executor and we thought the distribution would soon be made and we would be done with all this. While a distribution was eventually made, this past year we found out that a large(!) share of money was never distributed and some other money was escheated. While it's clear we have a case against the executor, I believe we also have a case against the attorney. Weren't my parents his clients and didn't he have a conflict of interest in representing the executor all these years - especially when the executor's actions differed dramatically from what the wills? Shouldn't he have gone to the court and had the executor removed when it became clear the executor was malfeasant? How likely is it that we can press a malpractice claim against the attorney?
Thank you
2 Answers from Attorneys
Re: Do I have a malpractice claim?
A beneficiary of the Estate or the Testamentary Trust has the right under VA law to bring an action against the Executor and/or the attorney. An action may also exist under VA law for Trustee liability concerning the management of the Testamentary Trust over time. Further information needs to be developed in connection with the filing of such legal actions. There are a number of fact-specific issues under VA law that need to be carefully worked through concerning the administration of the Estate and the administration of the Testamentary Trust. An experienced probate/estate attorney should be able to handle this under VA law and an office consultation would be useful to develop the facts and to determine the merits of such legal actions. Please note that my legal services are available only with a signed engagement agreement in accordance with the Virginia Rules of Professional Conduct applicable to attorneys licensed in the state of VA. If I can be of any help to you, contact my office as I would be pleased to provide legal support. Sincerely, Robert Beatson, II; 5-27-2006, 1:05 a.m. EST; Law Offices of Robert Beatson, II; 9818 Glynshire Way, Potomac, MD 20854; email: [email protected]; website: www.beatsonlaw.com; Licensed to practice law in DC, MD, VA, and NY.
Re: Do I have a malpractice claim?
Yes, you may have something in regard to this attorney worth pursuing in terms of a malpractice
and/or other claims and you may wish to arrange for a consultation with a lawyer who specializes in these kinds of matters and who could advise you further.
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