Mama Cass from the iconic musical group, the Mamas and the Papas, passed away in 1974. At that time, her attorney’s office informed her mother that Cass did not have a will with their office and failed to advise Cass’ mother of a large bank claim against the estate.
There have been allegations made of the firms’ ongoing legal relationships with one or more creditors filing claims against Cass’ estate, which the law firm failed to disclose. Once Cass’ mother discovered these conflicts, she fired the law firm as attorneys for the estate. It turns out that Cass did in fact draft a will, which her lawyers negligently failed to produce after her death. Under the will Cass intended to have her estate shared with her mother and her daughter. But due to the law firm’s negligence, Cass’ estate was not distributed in accordance with her will, but instead it was distributed according to the laws of intestate.
Now that Cass’ mother has passed away, her children have filed suit against Cass’ original attorneys claiming their mother lost the one third of Cass’ estate which was provided for in Cass’ will. They have filed claims of legal malpractice, negligent misrepresentation and fraud.
This goes to show that a law firm can be liable for legal malpractice for something as basic as failure to produce a will when it counts most. Mistakes like this case happen and our experienced attorneys can help you recover.