The Rise in Trust and Estate Attorney Claims

AUGUST 19, 2024

Since the early 1980s, professional liability claims against attorneys have increased, with the American Bar Association's (ABA) reporting that estate, trust, and probate claims accounted for 11.98% of all claims from 2016 to 2019. This marks a significant rise since 1985, particularly affecting smaller firms and solo practitioners. The aging population, driven by increased life expectancy and a growing number of older Americans, is leading to more estate planning cases, which can result in claims against attorneys, especially due to disputes among heirs.

Common malpractice claims involve beneficiaries claiming inadequate asset distribution due to alleged negligence. Variations in legal protection exist across states, with some offering less protection for attorneys against claims from non-client beneficiaries. As claims against trusts and estates practitioners rise, attorneys should prioritize clear communication with clients and be vigilant about cybersecurity threats. Implementing best practices in documentation and encouraging openness about estate plans can help mitigate risks and avoid malpractice claims.