An estate tax lawyer handles federal and state probate tax issues after a person dies. Common examples of negligence by an estate tax lawyer include failing to timely file estate tax returns, missing deadlines established by the probate court and obvious mistakes in calculating the tax liability of an estate. Suing an estate lawyer is complicated. Any lawyer has access to a wide array of defensive resources. Nonetheless, if you feel an estate tax lawyer is guilty of malpractice, you possess the right to sue her and seek damages for the losses you sustained because of her negligence. In California, you may sue pursuant to the state's Code of Civil Procedure.
Draft a demand letter. A demand letter is an informal offer of settlement delivered to the estate tax lawyer. You set forth what you will accept in the way of settlement for the damages you sustained in lieu of filing suit against the attorney. A documented attempt to settle the case is necessary before you resort to filing suit. The demand letter serves this purpose.
Obtain a petition form from the superior court in the county where the attorney does business. Forms of all types also are available through the California Courts Self Help Center online.
Complete the petition. Insert basic facts about you and the attorney, including contact information.
Set forth the reason you hired the estate lax attorney, referencing the particular case or proceeding.
Include general facts outlining the negligence of the lawyer.
Identify the monetary or other losses sustained as the result of the negligence of the estate tax attorney.
Sign the petition and go to the office of the superior court clerk. File the petition and pay the associated fee. Request the superior court clerk to direct the sheriff's department to serve the petition on the attorney you sue.
www.mikebroemmel.com
https://twitter.com/MFBRealEstate
www.legal-ink.org
No comments:
Post a Comment