I am writing to request your consideration of a legal malpractice claim arising from representation my late mother, Ruth Maniscalco, received from Ms. Veronica Aguilar of the Veronica M. Aguilar Law Office between the dates of January 2019-September 2024. As her daughter and trustee of her trust and executor of her estate, I am seeking accountability for the legal negligence that resulted in catastrophic financial harm to my mother’s estate. Can I do this myself and have limited legal scope representation? I also must get advice on the probate/civil case part of this to get the estate back, if possible. Also can I do this myself and obtain advice as to what I need to do. I appreciate advice and your assistance. Case Background My mother hired Ms. Aguilar to represent her in divorce pr
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I need advice on the probate matter and legal malpractice.
Hello! My name is Dolan and thank you so much for contacting me! I just had a few quick questions for you: Has any court already ruled on the financial issues in the divorce or probate cases, or are those still technically unresolved?
The probate issue is still going on but the financial issues in divorce were dropped because both parties were dead. If anything can be done I am going to have to do it and that is why I am here. The probate for the house is looking really bad but the hearing on a motion for a new trial that my brother is doing comes early next month. If there are any other questions I will check tomorrow morning. Thanks.
I know my brother could use help with that too.
I'm so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask! So I break it up in several parts to make it easy: What I understand about your situation ,and then what As such: Here is how I understand it. Basically, the attorney failed to file critical counterclaims, safeguard spousal rights, or coordinate overlapping legal proceedings which had a resulting in loss of over $1 million. The decision to settle for a “status-only” divorce without resolving the financial portion left your mother’s claims unprotected after her death. The estate’s current inability to recover those assets is due to these compounded failures and the closure or mishandling of court claims. This is how I understand it.
So here is what you need to do: 1. I'd consider filing an ethics complaint with the state bar; 2. You can also send a demand letter to the lawyer regarding getting a copy of their insurance information as well. You can file a claim against the insurance carrier. What you can tell the carrier (or the courts if you have to sue) is your mother’s attorney had a clear duty to pursue recovery of the $1.1 million in missing assets, especially after hiring a forensic accountant who flagged it, and failing to file a counterclaim or secure those funds shows a serious breach of that duty. A dd to that the fact that the attorney allowed a “status-only” divorce without handling the financial part (which left your mother completely exposed) and never took steps to preserve your mother’s spousal rights or claims beyond her death. Courts don’t take it lightly when an attorney’s inaction causes such a massive and irreversible financial loss. You’re the trustee and executor now, so you’re in the right legal position to bring the malpractice case and argue that, but for the attorney’s failure to act, this estate would still have access to substantial assets. Honestly, the paper trail and the forensic accountant’s unfinished work help show that it wasn’t just a bad outcome as it was preventable with competent representation.
How do i go about taking the attorney to court for legal malpractice? i am not finding lawyers that want to sue their own. I did ask for her malpractice insurance and she told me to go ahead and sue her. She wouldn't give it to me. I do plan to report her to the bar. I don't want the clock to run out for it, and since I just lost my job, I will have to do the case myself. Can you tell me what this will entail at all? Do I file the petition in civil court or in probate court because it was my mother's case and not mine. Any info on how to move forward is greatly needed. Also, I want to sue my stepsister for the estate that was stolen from her. I expect I will have to file that in Washington state as that is where she lives. Any advice on that part of this mess?
Yeah, that part of this is going to be a little messier, but you still have some options. If your stepsister did probate for your stepfather in Washington and never gave your mother’s estate proper notice, you might have grounds to challenge that probate or even file a separate civil claim for fraud, conversion, or unjust enrichment. Washington courts can hear claims like that, especially if the estate assets were misappropriated or if she acted as a fiduciary and abused her power of attorney. You’d likely need to sue her individually and possibly in her capacity as a trustee or personal representative, depending on how the assets were titled or distributed. Since she lived in Washington and handled the probate there, that state has jurisdiction. The clock may be ticking though because Washington has a three-year statute of limitations for many of these types of claims. RCW 4.16.080. So if your stepfather passed more than three years ago, you’ll want to argue delayed discovery or fraudulent concealment to try and extend that. It’s worth pulling the probate case she filed in Washington to see if she listed any of your mother’s claims or interests and if not, that could actually help your case.