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Legal Malpractice- Estate Law

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One last thing because I just noticed someone asked these questions. The amendments were done in late 2019. My grandmother died in 2020 less than a year later. My uncle is now represented by another attorney- after previously being represented by the attorney that amended my grandmother's trust and will- because my parent is pursuing undue influence and fraud against him in probate and Superior Court to contest the amended will and trust.
 
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Zigner

Senior Member, Non-Attorney
Just to be clear - are you saying that your grandmother did the amendments, then had a fall that may have caused a head injury, and then was examined by doctors who declared her to be incompetent? Do I have the order of events correct?

As an aside - I (we?) doubt that the actual finding was that she is retarded.
 

Just Blue

Senior Member
Just to be clear - are you saying that your grandmother did the amendments, then had a fall that may have caused a head injury, and then was examined by doctors who declared her to be incompetent? Do I have the order of events correct?

As an aside - I (we?) doubt that the actual finding was that she is retarded.
Yes. I, personally, find it near impossible to believe that 2 Medical Doctors used the term "mentally retarded".
 

quincy

Senior Member
Hi there. There appears to be a ton of responses to my thread since late last night. I went with Quincy's advice and actually called up my parent's attorney. They believe the chances are good of a legal malpractice lawsuit against this attorney and are going to refer us to an attorney. Simply because I asked and people have taken the time to respond to me: 1.) I am not a lawyer nor do I claim in any way to be. For the non lawyers on here, it simply means my parent has given me control over the litigation by making me their agent. 2.) My grandmother WAS declared mentally retarded by two MD's who signed off attesting to the fact that she required the level of care to that extent in order to get her in a memory care unit. The timing was coincidental. My grandmother suffered a fall and was removed from my uncle's care to be hospitalized. While there, they did the MMSE on her after several incidents where she was found to be playing with feces sadly. 3.) For the lawyers on here inquiring about damages, we're honestly not entirely sure. It's very complicated because we're having to pursue the trust amendment in superior court which will take time for discovery to reveal everything my uncle has done. I do know that as a result of this attorney helping my grandmother give my uncle Durable POA over her, he was able to contact them and cash her out of two annuity policies worth just a little over $460k alone of which my parent was an equal beneficiary of if that helps your analysis of this potential case of not. Thank you for your time. I wasn't expecting all these subsequent replies but felt I should give you more details because you took the time to reply back to me.
Thank you for returning with additional information, Angela. I think you were smart to call your parent’s attorney.

The exact sequence of the document-drafting events is important as is your grandmother’s medical history. Because we cannot do personal reviews on this forum, you/your parent will need to rely on the attorney licensed to practice in your area.
 

Shaneswatson

New member
If your lawyer does not appear to be working on your case, sending a courteous but strong letter outlining your concerns should catch their attention. Don't threaten to sue or complain to the bar association; such threats are likely to make your lawyer furious and defensive, rather than attentive. The prospect of an estate planning legal malpractice claim can be frightening, and the reality of the claim can be disastrous. To protect yourself from these lawyers you should know what law firm is famous for sneaky legal tricks? People do mistakes in selecting the attorney so be careful while selecting a lawyer for your case.
 

quincy

Senior Member
If your lawyer does not appear to be working on your case, sending a courteous but strong letter outlining your concerns should catch their attention. Don't threaten to sue or complain to the bar association; such threats are likely to make your lawyer furious and defensive, rather than attentive. The prospect of an estate planning legal malpractice claim can be frightening, and the reality of the claim can be disastrous. To protect yourself from these lawyers you should know what law firm is famous for sneaky legal tricks? People do mistakes in selecting the attorney so be careful while selecting a lawyer for your case.
Angela88240 already contacted her parents’ attorney in June and the parents’ attorney was providing her with a referral. Because Angela has not returned since posting two+ months ago, we can probably assume she is not having issues with the attorney she chose.
 

FlyingRon

Senior Member
While I'm not saying she wasn't compromised at the time of the execution, Alzheimer's patients have good days and bad days. I was fortunate to get my mother in law to execute her advance medical directive and other POAs during one of her lucid days when we placed her in "the home." There wasn't any estate really to deal with (her care pretty much exhausted her assets), but it sure made us being able to act on her behalf a lot easier.
 

Just Blue

Senior Member
While I'm not saying she wasn't compromised at the time of the execution, Alzheimer's patients have good days and bad days. I was fortunate to get my mother in law to execute her advance medical directive and other POAs during one of her lucid days when we placed her in "the home." There wasn't any estate really to deal with (her care pretty much exhausted her assets), but it sure made us being able to act on her behalf a lot easier.
This thread is from June...a spammer dug it up.
 

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