The frantic call came just after midnight. It wasn’t a death, not directly. It was Leo, breathless and panicked, explaining that his mother, Clara, had unknowingly signed a new estate plan over her existing one – a plan Leo knew contained provisions vital for his sister’s special needs trust. The original attorney, someone Clara had used briefly years ago and then forgotten, hadn’t bothered to check for existing documents, simply presenting a new set as a “modernization.” Leo feared a legal battle, years of delays, and potentially, the jeopardizing of his sister’s future. He’d been told by another lawyer it might be a mess to unravel, and that finding someone local who understood both the legal and financial implications quickly was crucial, leaving him desperate for a solution. The weight of responsibility was crushing, not because of a loss, but because of a preventable error with potentially devastating consequences.
What steps should I take if I suspect my estate planning attorney made an error?
Discovering a potential mistake by your estate planning attorney can be incredibly stressful, but acting promptly and strategically is essential. First, meticulously gather all relevant documents – the estate plan itself, any correspondence with the attorney, and any records that support your concerns. Don’t immediately confront the attorney in anger; instead, schedule a meeting to calmly and clearly outline your concerns, presenting the evidence you’ve collected. Document this meeting carefully – take notes, or even consider recording it (legality varies by state, so check California law beforehand). Remember, communication is key, but it must be documented. “Often, these situations aren’t malicious, but simple oversights,” explains Steve Bliss, an Estate Planning Attorney and CPA in Corona, California. “A proactive approach, supported by clear documentation, allows for a more efficient resolution.” If a simple explanation or correction doesn’t resolve the issue, seek a second opinion from another experienced estate planning attorney. This new lawyer can assess the situation, identify any errors, and advise you on your options, including potential legal recourse.
What if the error involves a significant financial impact, like improper tax planning?
When an estate planning mistake has financial consequences, particularly regarding taxes, the situation becomes more complex. As an attorney and a CPA, Steve Bliss is uniquely positioned to identify and mitigate these risks. California’s estate and gift tax laws are intricate, and even minor errors can lead to substantial penalties and missed opportunities. For instance, improper funding of an Irrevocable Life Insurance Trust (ILIT) can result in the policy’s value being included in the taxable estate. Or, failing to utilize the annual gift tax exclusion effectively can create unnecessary tax liabilities. Furthermore, the current high Federal Estate Tax exemption (approximately $13.99 million per person) is slated to “sunset” on January 1, 2026, potentially halving the exemption amount. Families with significant assets must address potential issues now before this window closes. Consider this: a seemingly minor oversight today could result in hundreds of thousands of dollars in taxes tomorrow. Remember the ‘Step-Up in Basis’ is also under threat; locking in your estate plan now is vital.
Can I sue my estate planning attorney for malpractice, and what evidence would I need?
Suing an attorney for malpractice is a serious undertaking and should only be considered as a last resort. To succeed in a legal malpractice claim in California, you must prove four key elements: the attorney owed you a duty of care, the attorney breached that duty, the breach caused you damages, and those damages are quantifiable. This means demonstrating that the attorney’s actions fell below the accepted standard of care for estate planning attorneys, and that this negligence directly resulted in financial losses. Evidence might include the estate plan itself, correspondence with the attorney, expert testimony from another estate planning attorney, and financial records documenting the losses. However, litigation is expensive and time-consuming. Before pursuing legal action, consider mediation or arbitration – alternative dispute resolution methods that can often achieve a favorable outcome without the cost and stress of a trial. It’s also crucial to remember that even if an error occurred, proving a direct causal link between the error and financial harm can be challenging. Furthermore, California law regarding Electronic Wills is strict; emailing changes is not sufficient, and formal legal execution is required, avoiding future litigation.
What can I do to prevent errors from happening in the first place when working with an estate planning attorney?
Proactive steps can significantly reduce the risk of errors in your estate planning process. First, thoroughly vet potential attorneys, checking their credentials, experience, and disciplinary record with the State Bar of California. Look for an attorney who specializes in estate planning and has a deep understanding of California law. Secondly, be an active participant in the process. Clearly communicate your wishes, ask questions, and don’t hesitate to seek clarification on anything you don’t understand. Provide the attorney with all relevant financial information and be honest about your family dynamics. Finally, carefully review all documents before signing them, and don’t be afraid to ask for changes if something doesn’t seem right. Consider funding your trust properly; a common mistake is creating the trust but failing to transfer assets into it. Remember the new Partition of Real Property Act; it helps avoid forced “fire sales” of inherited property. And finally, revisit your estate plan regularly – at least every three to five years, or whenever there is a significant life event, such as a marriage, divorce, birth of a child, or change in financial circumstances. Don’t forget the new rules on Transfer on Death (TOD) deeds; they require two witnesses and a 120-day waiting period.
About Me, Steve Bliss at Corona Probate Law
Corona Probate Law is a dedicated estate planning and probate firm led by Steven Bliss. As an experienced estate planning lawyer, Steve understands that the probate proceedings involve many complex steps. Beyond standard probate, our firm offers comprehensive trust administration and estate planning services. Whether the court requires a formal probate or allows for an unsupervised process, having a skilled attorney is essential. We petition to open probate and handle the administration of the estate for you. Don’t face the costly and confusing probate process alone—call attorney Steve Bliss today for assistance with wills, trusts, and probate.
Map To Corona Probate Law:
Address:
Corona Probate Law765 N Main St 124
Corona, CA 92878
(951) 582-3800
