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Do I have to pay for lawyer's error?

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dismayed in pa.

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania.
My mother died over a year ago. In her will she left a property to be divided equally between my 2 sisters,and left me as the executor of her estate. She was predeceased by my father and 1 of my sisters to whom the property was left to in the will. As executor of her estate I sought out an attorney whose quote level of expertize was estate law. The first question I asked was since my sister predeceased my mother would my sister's daughters inherit their mother's part of the estate(although my mother was estranged from my sister's children). The lawyer informed me that because my mother was specific as to who received what down to her cooking utensils if she wanted my nieces to receive my sister's portion she would have stated it in the will.Deed went out listing my surviving sister the property owner.Well one of the nieces has a lawsuit against her so the attorney contacted my attorney saying she and her sister are intitled to their mother's inheritance. Now I am billed with changing the deed,phone calls from my attorney to my nieces and lengthy phone calls to my attorney and his paralegal from my nieces.Am I really legally responsible for the attorney's mistake and I never authorized him or his paralegal to provide advice to my nieces. HELP
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Pennsylvania.
My mother died over a year ago. In her will she left a property to be divided equally between my 2 sisters,and left me as the executor of her estate. She was predeceased by my father and 1 of my sisters to whom the property was left to in the will. As executor of her estate I sought out an attorney whose quote level of expertize was estate law. The first question I asked was since my sister predeceased my mother would my sister's daughters inherit their mother's part of the estate(although my mother was estranged from my sister's children). The lawyer informed me that because my mother was specific as to who received what down to her cooking utensils if she wanted my nieces to receive my sister's portion she would have stated it in the will.Deed went out listing my surviving sister the property owner.Well one of the nieces has a lawsuit against her so the attorney contacted my attorney saying she and her sister are intitled to their mother's inheritance. Now I am billed with changing the deed,phone calls from my attorney to my nieces and lengthy phone calls to my attorney and his paralegal from my nieces.Am I really legally responsible for the attorney's mistake and I never authorized him or his paralegal to provide advice to my nieces. HELP
So the attorney represented your mother's estate correct?
 

anteater

Senior Member
Deed went out listing my surviving sister the property owner.Well one of the nieces has a lawsuit against her so the attorney contacted my attorney saying she and her sister are intitled to their mother's inheritance.
I don't understand who has a lawsuit against whom or why that is relevant.

In the absence of provisions in the will dealing with a predeceased benficiary, PA law is quite clear:

20 Pa.C.S. section 2514(9)
Lapsed and void devises and legacies; substitution of issue. - A devise or bequest to a child or other issue of the testator or to his brother or sister or to a child of his brother or sister whether designated by name or as one of a class shall not lapse if the beneficiary shall fail to survive the testator and shall leave issue surviving the testator but shall pass to such surviving issue who shall take per stirpes the share which their deceased ancestor would have taken had he survived the testator: Provided, That such a devise or bequest to a brother or sister or to the child of a brother or sister shall lapse to the extent to which it will pass to the testator's spouse or issue as a part of the residuary estate or under the intestate laws.
What type of agreement do you have with the attorney regarding compensation? A percentage of the estate value? Hourly billing?

If it is hourly, have you told the attorney that the estate has no intention of paying for the effort needed to correct a boneheaded error?
 

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