Plaintiff seeking an attorney to help with legal malpractice case.
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The issue involves a parent whose spouse died several years ago in CT and where a prenup existed b/w the parties. Widow was living in MA and decedent in CT (not legally separated or divorced). The estate was probated in CT in 2015 and a local MA attorney had been handling the estate affairs for years. At the time of decedent's death, estate attorney was charged with finding CT co-counsel to help with probating of decedent's estate in CT.
Instead of hiring the CT attorney, the MA attorney relied on promises of decedent's daughter, the Trustee, that she would honor father's estate wishes (which included a prenup and Trust agreements). It was felt by attorney that the daughter, known to the widow's family for many years, could be trusted to act in good faith in honoring the prenup.
It was later learned that the Trustee/and her attorney had diligently been working to not honor the prenup or Trust promises. MA estate attorney also failed to realize that simply presenting our claims in CT court are necessary for them to be heard/regarded as valid. When it was learned moneys expected would not be paid, it was too late to have a CT attorney resolve issues because various periods to challenge the estate during probating process had passed. Subsequent hearings / decrees in CT probate court have since confirmed this. Further, it has since been realized that estate attorney did not properly choose to take the elective 1/3 share within proper time frame after death of decedent which would have maximized moneys provided to widow vs. having to engage in all of these actions in the first place.
Widow's family stands to lose out on sizable amounts of promised benefits under the prenup and Trust agreement from a seven figure estate.
The local MA attorney is now liable for malpractice because of a ) failed actions / non actions, b ) loss of moneys which are owed to widow. Attorney has made many statements in writing by email to son/POA of widow which provide support of malpractice claim. Contingency case perhaps with modest retainer. Much research done to date to help attorney along with the facts/issues. Case is within statute of limitations.