Estate planning and administration has experienced an uptick in malpractice claims over the past two years, according to the Professional Liability Fund’s data tracking. Our reporting statistics afford us a unique perspective on the pitfalls that lawyers fall prey to in various areas of the law. We want to provide practical tips to help you avoid stumbling over the more common malpractice traps we have seen affect estate planning practitioners.
PLF Claims Attorney John Berge and Deanna Franco, partner of Portland-based firm Cosgrave Vergeer Kester LLP, review malpractice traps in the planning and administration of estates, explaining how to approach a new estate, PLF coverage nuances, and common drafting issues──including omission of a beneficiary, questionable capacity, and appropriate transfer of assets. They then guide a discussion about post-death scenarios that could lead to a malpractice claim, including when a client dies before signing or if a personal representative stops responding during a probate. They also review how the PLF can help if you face questions after representation such as who owns the file, who can get a copy of the file post-death, and what to do with original documents.
This seminar has been approved for 1 MCLE General credit.