Can You Sue a Trust Attorney for Estate Planning Mistakes?

Estate planning is meant to ensure that your assets are safe, and protected and are passed on to your beneficiaries according to your wishes. But what happens if a trust attorney makes a mistake; one that leads to financial loss or even conflicts in the family? 

Can you hold them accountable? Well, yes, you can sue a trust attorney for estate planning mistakes, but only under special circumstances.

When is a trust attorney liable 

Not every mistake a trust attorney makes is a ground for a lawsuit. Before you can successfully sue a trust attorney, you need to provide proof of legal malpractice. This means showing that:

• There was an attorney-client relationship – meaning that you hired the attorney to handle your estate planning.
• They made a mistake or acted out of line- this could include errors in drafting documents, failing to update a trust or not following your instructions correctly.
• You suffered damages as a result of their failure.

Understand that simply being unhappy with an attorney’s work isn’t enough; the mistakes must have had real consequences on you and your beneficiaries.

Common estate planning mistakes attorneys make

Not every attorney is perfect, besides, estate planning is a complex aspect of the law, which makes mistakes inevitable sometimes.

Below are some common mistakes that could lead to a lawsuit. They include:

• Drafting errors

They are mistakes in wills or trusts that make them legally invalid.

• Failure to update documents 

Not updating an estate plan after major life events like marriage, divorce or the birth of a child.

• Miscalculating tax

They are errors that lead to unnecessary estate taxes or financial penalties.

• Conflict of interest

If an attorney puts their interest ahead of yours, such as influencing estate decisions for personal gain.

Who can sue a trust attorney

In most cases, only the client (the person who hired the attorney) can sue for legal malpractice. However, estate planning is unique because the person who is affected by a mistake is often no longer alive. This leads to the question: can beneficiaries sue a trust attorney?

In some states, beneficiaries can sue if the negligence of the attorney affects them directly. For example, if a lawyer’s mistake invalidates a trust, preventing an heir from receiving their rightful inheritance, that beneficiary might have the right to file a claim.

How to protect yourself from attorney mistakes

While you can use a trust attorney for estate planning mistakes, it’s always better to prevent the problems before they happen. Below are a few steps to protect yourself:

• Work with an experienced attorney

Check their background, credentials and reviews before hiring and working with them.

• Review all documents carefully

Don’t just sign paperwork without asking questions and ensuring that everything aligns with your wishes.

• Get a second opinion

If you notice that something doesn’t feel right, another attorney can help review your estate plan for potential issues.

Conclusion 

You can sue a trust attorney for estate planning mistakes but only if their errors cause you real harm. If you suspect an error that can be fixed in your estate plan, then go ahead and fix it. Not every error in your estate plan requires that you use your trust attorney. The earlier you address potential issues in your estate plan, the better you can protect yourself and your loved ones from future legal problems.