Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

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Saturday, June 14, 2014

Successor Personal Representatives Can Sue for Malpractice in Florida

GavelAfter the death of Deborah Irby, her personal representative, Dana Ford, hired an attorney, Dale Davidson, for assistance with estate administration. After Ford resigned as personal representative, the successor representative, Alan Bookman, was appointed and then sued Ford and Davidson over alleged improper administration of the estate. Davidson claimed that as successor personal representative, Bookman lacked standing and could not sue him for malpractice. A Florida District Court agreed and granted Davidson’s summary judgment motion.

In Bookman v. Davidson, the First District Court of Appeals of Florida ruled that Bookman did have standing to sue Davidson, and that under the Florida Probate Code a successor personal representative can sue an attorney for malpractice for advice given to a predecessor representative.

See Anya Van Veen, Successor Personal Representative Has Standing to Sue Attorney for Prior Personal Representative for Malpractice, Clark Skatoff, June 12, 2014.

Special thanks to Jeffrey Skatoff (Attorney for Clark Skatoff, PA) for bringing this article to my attention.

http://lawprofessors.typepad.com/trusts_estates_prof/2014/06/successor-personal-representatives-can-sue-for-malpractice-in-florida.html

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