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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
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Experience:  Experienced Licensed Attorney
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My wife and I bought a condo in 2001. My wife passed away

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My wife and I bought a condo in 2001. My wife passed away in 2010. In December 2012 I was about to complete a refinance that would save me a good deal of money when the title company discovered that our lawyer for the condo purchase in 2001 had neglected to indicate that we were married and so in was not clear who owned 1/2 of the condo. The refinance ended, I had to probate my wife's will at a cost of about $2800.00 and interest rates are now much higher, costing me $200 - $300 more a month on a 30 year mortgage. The 2001 lawyer will agree to reimburse me only for filing fees. Do I have any legal recouse?
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

While you can file a complaint with the Massachussets State Bar against the attorney who represented you when the condo was purchased and the Bar will investigate your complaint and will pursue disciplinary charges against this attorney if warranted, however unfortunate the statute of limitations to pursue a claim for legal malpractice against this attorney has long expired.

I am sorry to provide you with this unwelcome news, but please understand that I do have professional obligation to provide JustAnswer.com customers with correct information and I do not have any way of changing the law to make my answer more favorable to the customer.

I wish you the best of luck!
Customer: replied 3 years ago.


Alex, Thank you. But doesn't the staute of limitations of three years begin when I learned or reasonably should have learned of the legal error? That would be only about seven months ago.

Dear XXXXX,

Thank you for your follow up.

The big question generally is when did the harm that you are suffereing occurred and in most cases the courts have held that the time occurs when your rights were adversely affected, so it is easy to argue that your rights were adversely effected by your attorney's oversight, when your attorney failed to notice that the deed for the transfer of title to the condo failed to state that you and your wife were taking title as husband and wife.

So in most cases, the clock would start to run from the time when attorney has made a mistake related to the matter subject to the legal malpractice claim.

I would urge you to consult with a local legal malpractice attorney who can review your situation and all related documents and will be able to provide with a legal advice related to this matter, upon complete review, as our services are limited to providing customer with general legal answers and it is always important to consult with your local attorney for specific legal advice.

I wish you the best of luck!
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