My husband's father died in 1991. The will states, all real estate
property to both sons, Chester(my husband) and his brother John. This involved Canadian property, where at the time, the land alone was valued at $100,000. It had a decrepit cottage on it, but was river front. The brother also forged a boat title and "notarized" a week before father died. It was a friend of brother John that notarized it. About a year before the father died, the brother had the father redo a deed of the Canadian property to go to John's son when he died. We believed that John and his son John, Jr., got the father drunk when this was done.
A copy of that deed was sent to the brother's attorney, so the probate courts
accepted the fact that little John got the property. We hired several attorney's who never looked into it, bot***** *****ne, the original of that deed was never provided. We fought and fought, our attorneys never asked for the original deed. Further, they never looked into the nonprobate of the wife of deceased who died years before the father. Her name and his name were joint on the deed. But she was never probated. So we just accepted the fact that the property went to the grandson.
However, we got a new attorney who is on our case, and the 1st question he asked was "what about Dorothy?". When the grandson went to put the property into his name, they could never find the original deed. We believe that the father may have destroyed it when he came to his senses. To make this short, the court did reopen the case, and the property was then included per the original will, to go to both sons. Which placed me as the executor of estate, and property was then sold.
What did we lose? The use of the property for about 15 years, the riverfront cottage deteriorated, after grandson claimed it, and the Canadian exchange of funds was more 20+ years ago. The estate is now being closed, 25 years later, due to our initial attorneys and probate
court not doing their job. Can we file malpractice against our original attorneys and the court, and the bar association.