Legal Malpractice and the Negligent Probate Attorney in Massachusetts – Full Settlement


We have represented many victims of probate legal malpractice. It’s very common in our experience. Sometimes it is caused by a conflict of interest – many heirs and battles between family members which an attorney thinks he or she can “resolve”.

Sometimes, as in the instant case, it’s a probate lawyer who just does not do the work, resulting in damages to the client.

Probate Case – With Malpractice Not Found for Years

In this case, our client’s parent died, and he went to a lawyer and said, that although there was not will, “the house is supposed to be given to me and let’s do the paperwork.” The client paid the attorney and the attorney filed for probate in the Probate Court and had the heirs sign the “paperwork” and the attorney informed that the matter was complete.

So our client went on living in his parent’s home. He paid the taxes and other bills and, maintained the home. However, a few years later, when he went to sell the house because he was getting older and couldn’t take care of it anymore, the bank attorney found that our client did not have proper title to his own home. The probate work was not complete!

Second Probate Attorney Needed to Complete Probate of Estate

The first attorney tried but admitted that he had created a problem and now did not know how to fix it. Our client found a new probate attorney and hired him. However, the value of the home had increased dramatically and some of heirs were not hesitant to sign. The matter had to be litigated in Probate Court – motions, hearings, and time spent to resolve the matter.

While the second attorney resoled the problem, our client lost the sale of his home. He lost the opportunity to purchase a condo in a more convenient location. And he had to pay legal fees to a second lawyer.

Probate Malpractice Case In Which Burns & Jain Successfully Secured A Full Settlement

After the Probate Case was all straightened out, he came to us to see if he could file a claim against his Probate Lawyer. We reviewed the case file, spoke to the second probate lawyer, consulted with a title lawyer and we determined that he was the victim of legal malpractice, legal negligence.

We undertook representation of this client in a legal malpractice case against his former probate attorney. What did we do? Number one, we sent a 93A Demand. We sent a consumer protection demand saying that the first probate attorney’s negligence resulted in two failed transactions – the sale of his home and the purchase of a condo. Our client has relied on his lawyer’s work. He lived in his house, paid all the bills. The damages were extensive. So in the 93A Demand we put in the law, we put in the facts and we outlined the damages.

The negligent probate attorney had malpractice insurance. His insurance defense attorney reviewed our Demand and immediately agreed to mediate the case. We hired a mediator who was a former legal malpractice defense attorney. The mediator helped us figure out the best way to calculate the damages. We focused on that and we resolved the case.

This is a case that took probably six or seven months to resolve on our end after years and years of problems with the probate attorney on the other end.

Call Burns & Jain If You Have A Legal Malpractice Probate Case

We’re effective and we’re aggressive and we get the job done. So, if you have a legal malpractice case in the probate arena, if there’s been a problem in your family, in a probate court issue, give Burns and Jain a call.

Call Burns and Jain at 617-227-7423. They will get the job done.