Miami Partner Blake Sando recently obtained final summary judgment on a legal malpractice lawsuit filed in Pinellas County, Florida.
The Plaintiff, a widow, had sued her husband’s trust & estate attorney, in both capacities as personal representative of his estate and as an intended beneficiary, claiming that his attorney committed professional malpractice by not specifically devising their homestead property into the family trust, which subjected the property to probate fees and costs and limited Plaintiff to obtaining a life-estate interest in the homestead property following the death of her husband.
The property was valued in excess of $1.5 million dollars, which constituted the damages claimed against the defendant-attorney, in addition to probate costs and legal fees. At hearing, the Court found that the Defense had presented substantial record evidence through deposition testimony and documentation demonstrating that the intent of the deceased-husband had been fulfilled, and entered summary judgment in favor of the defendant-attorney and his law firm as a matter of law. Pursuant to a Proposal for Settlement previously served in the case, the defendants now have the ability to seek recovery from Plaintiff of a significant portion of the attorney’s fees and incurred by the Defense.
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