Estate planning and probate-related malpractice claims can be significant because the alleged errors frequently surface years later, often after the client has died and can no longer clarify intent. Additionally, where generational wealth is being passed down, alleged errors can result in large losses increasing the likelihood of a claim as well as the severity. The following are some of the more common pitfalls for Texas estate planning attorneys, along with practical risk management strategies to help minimize exposure.

1. Representation of Multiple Family Members Without Addressing Conflicts

Estate planning attorneys sometimes are asked to represent spouses, parents and children, family business owners, or multiple generations of a family. While they may be efficient, these engagements can create conflicts of interest and confidentiality concerns. Additionally, they can give rise to misunderstandings about who the attorney represents and whose interests are being protected.

Risk Factors

Failure to clarify who the…