Attorney filing false information in a lawsuit

[vicki r]

I need to know if an attorney files a lawsuit with incorrect information in it because he DID NOT do research to find the correct information and his neglect brought 5 people in as defendants when they should have NOT been defendants as stated in the will. I was the SOLE EXECUTOR of my mother's will, no others inherited anything in the will, only myself. I'm currently in a lawsuit because of back house taxes and the attorney did not do the proper research, he only had the FIRST PAGE OF A SIX PAGE WILL. His research dept only got page 1 of the 6 page will and based things on the first page, therefore 4 of my nieces and 1 nephew were listed as DEFENDANTS in the lawsuit and were being served summons and receiving phone calls. It clearly states on the bottom right hand corner "page 1 of 6" The house and all of my mother's belongings & property was left to me as stated on PAGE 2 and the rest of the will. My family should have never known about my personal business or been brought into my personal business because of the attorneys negligence. Now they all know my business and shouldn't & they have been put through stress because of the attorneys screw up ! I have suffered sky high stress, depression, anxiety, insomnia and it's interfering with my health. This DID NOT need to happen, The paralegal admitted that they DID NOT have the entire will, only page 1. They can't understand why I am upset about their screw up and yes it is a major screw up ! I need to know if there is something I can do about this ! I am in Texas Thanking you in advance.

 

[quincy]

Here is a link to the Texas State Bar Association where you can file a complaint against the attorney: https://www.texasbar.com/AM/Template.cfm?Section=File_a_Grievance&Template=/CM/HTMLDisplay.cfm&ContentID=29656

 

[vicki r]

Thank you

 

[HRZ]

AS a practical matter a will once filed for probate is a public docuement and any of your family or a complete stranger for that matter has a legal right to just go read the will...and the entire file in court. And for that matter also the file as to the lawsuit .

it may have been sloppy fact checking by lawyer .but any issues of being injured by frivolous inclusion in a lawsuit need to be raised by the named individuals . I don't see where you suffered economic injury by thier inclusion....but I'm just a layman and my vote doesn't count.

 

[vicki r]

AS a practical matter a will once filed for probate is a public docuement and any of your family or a complete stranger for that matter has a legal right to just go read the will...and the entire file in court. And for that matter also the file as to the lawsuit .

it may have been sloppy fact checking by lawyer .but any issues of being injured by frivolous inclusion in a lawsuit need to be raised by the named individuals . I don't see where you suffered economic injury by thier inclusion....but I'm just a layman and my vote doesn't count.

 

[quincy]

Thank you

You're welcome, vicki r. I appreciate the thanks.

It is important to note, by the way, that when you sign a complaint against your attorney, you will be waiving the attorney-client privilege. This is so the attorney's conduct in your case can be investigated.

I also agree with what HRZ said. His vote counts.

 

[vicki r]

You're welcome, vicki r. I appreciate the thanks.

It is important to note, by the way, that when you sign a complaint against your attorney, you will be waiving the attorney-client privilege. This is so the attorney's conduct in your case can be investigated.

I also agree with what HRZ said. His vote counts.

It's NOT my attorney.

 

[quincy]

T

It's NOT my attorney.

Ah. I misunderstood your first post. In that case, you have no attorney-client privilege to waive. You are still able to file a complaint.

 

[vicki r]

AS a practical matter a will once filed for probate is a public docuement and any of your family or a complete stranger for that matter has a legal right to just go read the will...and the entire file in court. And for that matter also the file as to the lawsuit .

it may have been sloppy fact checking by lawyer .but any issues of being injured by frivolous inclusion in a lawsuit need to be raised by the named individuals . I don't see where you suffered economic injury by thier inclusion....but I'm just a layman and my vote doesn't count.

I'm not saying anything about the will being public or not. What I'm saying is that the lawyer did not have all of the will to get facts from....ONLY THE FIRST PAGE OF A 6 PAGE WILL ! The only defendant should have been me & the lawsuit lists my nieces and nephew as defendants along with me because they were listed as my mothers GRANDCHILDREN ! They did not inherit anything in the will. They were only listed as her grandchildren. They should not have been brought into the lawsuit as defendants. Did I explain it any better? And yes, I have suffered a lot from the lawyers sloppy fact checking and recording on a legal document, such as a lawsuit & HRZ, put yourself in my shoes, having my nieces and nephew go through unnecessary stress like a LAWSUIT was hard on all of us when they didn't have anything to do with anything. Maybe didn't cause me economic injury but mental and physical injury definitely !

 

[quincy]

I'm not saying anything about the will being public or not. What I'm saying is that the lawyer did not have all of the will to get facts from....ONLY THE FIRST PAGE OF A 6 PAGE WILL ! The only defendant should have been me & the lawsuit lists my nieces and nephew as defendants along with me because they were listed as my mothers GRANDCHILDREN ! They did not inherit anything in the will. They were only listed as her grandchildren. They should not have been brought into the lawsuit as defendants. Did I explain it any better? And yes, I have suffered from the lawyers sloppy fact checking and recording on a legal document, such as a lawsuit.

Based on your description, I agree that the attorney was sloppy. Mistakes can happen, by attorneys as by anyone, but I do not think that filing a complaint in this case is out of order.

I am sorry about the loss of your mother.

 

[vicki r]

Quincy, Thank you for saying sorry for the loss of my mother. How many people are involved in filing and drawing up a lawsuit? The paralegal has admitted several times that their research dept. only got the FIRST PAGE OF THE WILL ! She also said she saw that there should have been more pages of the will. After I brought this to their ATTENTION. they ordered a COMPLETE WILL (Well after the fact, well after the summons to my 4 nieces & nephew started receiving summons and phone calls (Telling them my business) and saw that I was the Sole PERSON inheriting anything in the will ! Had they had the entire will from the start none of this added STRESS on me and the other 5 listed as defendants would have happened ! I thought there was a code of ethics that an attorney was to follow. Is one not having ALL of the correct information before filing a lawsuit? Because of their carelessness I have suffered a lot. In a way I feel defamed because NOBODY should have been brought into my business. Filing incorrect information in a lawsuit can cause mental anguish and believe me, it has. I may never be the same and I feel that this attorneys actions has caused me angst in many ways. Thanks for letting me vent. Have a nice day.

 

[LdiJ]

I need to know if an attorney files a lawsuit with incorrect information in it because he DID NOT do research to find the correct information and his neglect brought 5 people in as defendants when they should have NOT been defendants as stated in the will. I was the SOLE EXECUTOR of my mother's will, no others inherited anything in the will, only myself. I'm currently in a lawsuit because of back house taxes and the attorney did not do the proper research, he only had the FIRST PAGE OF A SIX PAGE WILL. His research dept only got page 1 of the 6 page will and based things on the first page, therefore 4 of my nieces and 1 nephew were listed as DEFENDANTS in the lawsuit and were being served summons and receiving phone calls. It clearly states on the bottom right hand corner "page 1 of 6" The house and all of my mother's belongings & property was left to me as stated on PAGE 2 and the rest of the will. My family should have never known about my personal business or been brought into my personal business because of the attorneys negligence. Now they all know my business and shouldn't & they have been put through stress because of the attorneys screw up ! I have suffered sky high stress, depression, anxiety, insomnia and it's interfering with my health. This DID NOT need to happen, The paralegal admitted that they DID NOT have the entire will, only page 1. They can't understand why I am upset about their screw up and yes it is a major screw up ! I need to know if there is something I can do about this ! I am in Texas Thanking you in advance.

Just to clarify something...just in case it makes a difference: The Executor of the will is the person who administers the will and makes sure that the beneficiaries (the ones inheriting) get what they are entitled to get and that the creditors are paid off before that happens. A person can be both the Executor and a beneficiary (even a sole beneficiary).

You made it sound as though you believed that you were the sole beneficiary of your mother's estate just because you were the sole Executor. I doubt that clarification makes a difference, but I thought it best to let you know.

 

[vicki r]

Ok wrong words ! Independent Executrix without bond (As the will states) & sole beneficiary of the estate. Thanks for the correction. I didn't have the will in front of me (as I do now) when I wrote this.

 

[quincy]

Quincy, Thank you for saying sorry for the loss of my mother. How many people are involved in filing and drawing up a lawsuit? The paralegal has admitted several times that their research dept. only got the FIRST PAGE OF THE WILL ! She also said she saw that there should have been more pages of the will. After I brought this to their ATTENTION. they ordered a COMPLETE WILL (Well after the fact, well after the summons to my 4 nieces & nephew started receiving summons and phone calls (Telling them my business) and saw that I was the Sole PERSON inheriting anything in the will ! Had they had the entire will from the start none of this added STRESS on me and the other 5 listed as defendants would have happened ! I thought there was a code of ethics that an attorney was to follow. Is one not having ALL of the correct information before filing a lawsuit? Because of their carelessness I have suffered a lot. In a way I feel defamed because NOBODY should have been brought into my business. Filing incorrect information in a lawsuit can cause mental anguish and believe me, it has. I may never be the same and I feel that this attorneys actions has caused me angst in many ways. Thanks for letting me vent. Have a nice day.

I can understand how "violated" you felt when information about you was inadvertently disclosed to your nieces and nephew. The attorney and his staff should not have been so careless.

A complaint that is filed against the attorney will be investigated and the attorney disciplined as deemed fit.

Good luck.

 

[Whoops2u]

I'd be willing to guess just about 100% of defendants feel the plaintiff's facts are wrong in some way.

It would be interesting to see who signed the lawsuit and if it was verified or on the basis of being informed and believe.

If there is ever any real litigation over an estate, all potential beneficiaries are joined--no matter if they are on page 6 of a will that bequests everything to another on page 1. (Even if they are not listed in the will and are just found or known otherwise.)