Angela88240
Member
Georgia
An attorney helps amend a woman's will and trust. This woman had a previous diagnosis of advanced dementia and is now dead. The attorney was NOT informed of this by the adult son who arranged for this attorney. Subsequently, roughly a month after this woman's trust and will was amended, this woman is declared mentally retarded by two MD's, scores an 11 on her MMSE (Mini State Mental Exam), and is placed in a memory care ward. After the woman's death, the other surviving child of this woman finds out about the amendments. This attorney is then retained by the adult son who failed to inform the attorney his mother was in advanced dementia. The attorney client relationship ends quickly and the adult son is now represented by another attorney. What do you think the chances of success are of a legal malpractice claim against this attorney? Thank you for any advice or insight you may have.
An attorney helps amend a woman's will and trust. This woman had a previous diagnosis of advanced dementia and is now dead. The attorney was NOT informed of this by the adult son who arranged for this attorney. Subsequently, roughly a month after this woman's trust and will was amended, this woman is declared mentally retarded by two MD's, scores an 11 on her MMSE (Mini State Mental Exam), and is placed in a memory care ward. After the woman's death, the other surviving child of this woman finds out about the amendments. This attorney is then retained by the adult son who failed to inform the attorney his mother was in advanced dementia. The attorney client relationship ends quickly and the adult son is now represented by another attorney. What do you think the chances of success are of a legal malpractice claim against this attorney? Thank you for any advice or insight you may have.