Bad Lawyer!
I have a very complicated case in Florida I have written about before, but I basically would like to know, if anyone knows, a response to the following questions:
Is there a statute of limitations on the time I can file a lawsuit against the lawyer that mishandled my case? And what is the value that has to be paid on the property in question: the market value in 2003, when I filed my bankruptcy case or the value currently, because now is when the trustee is demanding that half of the value of the property be paid to him?
My case is yet not closed after almost 4 years because of my lawyer's VERY BAD ADVICE concerning this property, which belongs to my mother. She bought it in 1985 and put my name on it so that I would inherit it at her death.
I have been told that because of his mishandling my case I possibly have a case against him.
The trustee is going after said property now and my case, again, is still open. My case was filed in 2003. The property would need to be paid on before I can file a lawsuit against him, correct? Would the statute of limitations on the lawsuit against him start from the time my mother has to pay on the property?
My name is on the property for estate planning purposes, but the court would not even hear or see the evidence that shows that this is the case. My mother offered to pay on the property, which had a very low market value at the time of my case filing in 2003. The trustee sat on it and did nothing about it until 2005. At the time the property still had a very low market value and all along I told my lawyer my mother was willing to pay what the trustee considered "my half" but my lawyer advised against it because he said the trustee would never go through with a lawsuit to force us to pay the half of the property he considered part of the estate.
So now here we are almost 4 years later, and now properties have gone up in Florida, and the trustee wants half of the value of the property. My lawyer led me to believe and so did the bankruptcy law that they would only be entitled to the market value at the time of my case filing in 2003. But he wants the market value now? Which is correct--the law or the trustee? What market value do we have to pay, the value in 2003 or the value now?
This is the case against my lawyer. He gave me bad advice by not letting us pay the value at the time I filed in 2003. He said "not to worry about it." When does the statute of limitations against him start, at the time the value is paid to the trustee or did it start when I filed my case in 2003? Technically no damages have occured yet but they will occur soon enough, when my mother has to pay half of the value of the property to the trustee very soon.
Thank you for all of your assistance.
Is there a statute of limitations on the time I can file a lawsuit against the lawyer that mishandled my case? And what is the value that has to be paid on the property in question: the market value in 2003, when I filed my bankruptcy case or the value currently, because now is when the trustee is demanding that half of the value of the property be paid to him?
My case is yet not closed after almost 4 years because of my lawyer's VERY BAD ADVICE concerning this property, which belongs to my mother. She bought it in 1985 and put my name on it so that I would inherit it at her death.
I have been told that because of his mishandling my case I possibly have a case against him.
The trustee is going after said property now and my case, again, is still open. My case was filed in 2003. The property would need to be paid on before I can file a lawsuit against him, correct? Would the statute of limitations on the lawsuit against him start from the time my mother has to pay on the property?
My name is on the property for estate planning purposes, but the court would not even hear or see the evidence that shows that this is the case. My mother offered to pay on the property, which had a very low market value at the time of my case filing in 2003. The trustee sat on it and did nothing about it until 2005. At the time the property still had a very low market value and all along I told my lawyer my mother was willing to pay what the trustee considered "my half" but my lawyer advised against it because he said the trustee would never go through with a lawsuit to force us to pay the half of the property he considered part of the estate.
So now here we are almost 4 years later, and now properties have gone up in Florida, and the trustee wants half of the value of the property. My lawyer led me to believe and so did the bankruptcy law that they would only be entitled to the market value at the time of my case filing in 2003. But he wants the market value now? Which is correct--the law or the trustee? What market value do we have to pay, the value in 2003 or the value now?
This is the case against my lawyer. He gave me bad advice by not letting us pay the value at the time I filed in 2003. He said "not to worry about it." When does the statute of limitations against him start, at the time the value is paid to the trustee or did it start when I filed my case in 2003? Technically no damages have occured yet but they will occur soon enough, when my mother has to pay half of the value of the property to the trustee very soon.
Thank you for all of your assistance.
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