Q: hello, Is there a time limit to file a malpractice against a probate lawyer
My stepmother, the trustee of the property that my sister and I along with my stepmother are too inherit, asked us to pay in equal parts for a lawyer to start the probate process for all of us. The trustee found a lawyer, the lawyer took our money, sent all of us the action she was taking. After a few months, she sent my sister and I an ' AGREEMENT STATEMENT' in which my sister and I needed to sign away any rights and forget any agreements we had talked about with the trustee, and that she, the lawyer, was only representing the trustee as it would be a conflict of interest for her to represent recipients of the will.
The lawyer took our money, and gave each of us a receipt, then told us she was not representing us.
Is this malpractice?
Because we believed we were being represented we did not seek other representation, and now it is too late to file any objections to that action. We mentioned that in court, and she sent a letter asking if we wanted a refund.
A: The basic Statute of Limitations for bringing suit against an attorney, is one year from the point you knew, or should have known, that the malpractice occurred. But, you have stated facts that make the issue more complicated and could extend the statute, and/or raise other actionable causes of action, like breach of fiduciary duty. You need to address these issues in depth, with a knowledgeable attorney.
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