Legal Question in Legal Malpractice in California

545statue of limitations

I won a case against my brother last year in which he had taken my dads entire estate thru a trust he had had created, the courts threw it out and ruled in my favor, now he is suing the attorneys that wrote that trust, after finding out about this , my attorney called me and said I should be the one suing them .not him, as the division was not even and I lost a LOT of my share and had to pay attorney fees, but, I was just wondering what the time limit on something like this is, my Dad passed away in 2004.


Asked on 4/20/07, 12:38 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: 545statue of limitations

Cases against attorneys have to be filed within one year of discovery of the malpractice; fraud has a 3 year statute. The facts determine when 'discovery' occurred and whether you have a case against them. What did they do wrong if the brother is the one that took the money? Feel free to contact me if serious about pursuing.

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Answered on 4/20/07, 1:20 pm


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