Carolina Razorb
Junior Member
What is the name of your state (only U.S. law)? Kansas
My Grandfather died and left approx $175,000 to split among 4 grandchildren $43,750 each. However, there was a drafting error made by the attorney and one of the heirs was inadvertently left out.
The attorney has explained to us the the bottom line is that the three heirs may choose independently to receive one fourth or one third. To the extent that the remaining heir is not receiving all the he or she would be otherwise entitled to, he personally and malpractice carrier will have to make up the difference to the heir.
The attorney goes on to explain that any one or more can agree to help him correct his error. Each grandchild would need to acknowledge his mistake under a written agreement call a "non-judicial settlement agreement". In which case each grandchild would receive one fourth.
If we choose not to do the settlement agreement then three of the grandchildren will receive $58, 333 and the fourth grandchild will receive $43,750.
It's obvious he is letting us know our rights under the law. Is it fair to take advantage of a simple mistake on the attorney's behalf just to collect another $15,000?
Does this happen often and does anyone have advice on whether I should try and capitalize off of this?
My Grandfather died and left approx $175,000 to split among 4 grandchildren $43,750 each. However, there was a drafting error made by the attorney and one of the heirs was inadvertently left out.
The attorney has explained to us the the bottom line is that the three heirs may choose independently to receive one fourth or one third. To the extent that the remaining heir is not receiving all the he or she would be otherwise entitled to, he personally and malpractice carrier will have to make up the difference to the heir.
The attorney goes on to explain that any one or more can agree to help him correct his error. Each grandchild would need to acknowledge his mistake under a written agreement call a "non-judicial settlement agreement". In which case each grandchild would receive one fourth.
If we choose not to do the settlement agreement then three of the grandchildren will receive $58, 333 and the fourth grandchild will receive $43,750.
It's obvious he is letting us know our rights under the law. Is it fair to take advantage of a simple mistake on the attorney's behalf just to collect another $15,000?
Does this happen often and does anyone have advice on whether I should try and capitalize off of this?