NY: Increased Liability for Estate Planning Attorneys
Estate of Schneider v. Finmann, Court of Appeals of New York, June 17, 2010 Facts: The defendant attorney represented decedent Saul Schneider from April 2000 to his death in October ...
NY Proximate Cause; Faulty Assessment of Chance of Winning at Trial: Should I have Settled Instead?
Leder v. Spiegel 31 AD3d 266, aff’d 9 N.Y.3d 836, 872 N.E.2d 1194 N.Y., 2007 NY Underlying probate Student Contributor: Ryan O’Donnell Facts: Defendant represented plaintiff in an underlying probate ...
NY: Malpractice in the Surrogate Court
In re Estate of Remsen, 99 Misc. 2d 92 (N.Y. Sur. Ct. 1979) NY Underlying Will Transaction Student Contributor: Melissa Goldberg Facts: Decedent died leaving a last will and testament ...
The Co-Counsel Relationship: Friend or Foe?
Steinberg v. Schnapp, 2010 NY Slip Op 02991 (1st Dept. April 13, 2010) Underlying Probate Matter Facts: Steinberg and Schnapp, both attorneys practicing independently, undertook the representation of another attorney, ...
Breach of Fiduciary Duty: The Enduring Duty
Robert A. Borissoff v. Taylor & Faust et al., 33 Cal. 4th 523 (Cal. 2004) CA Underlying probate matters Student Contributor: Evan Michael Hess Facts: A special administrator in probate court ...
TX: More Erosion of the Privity Doctrine
O’Donnell v. Smith, 52 Tex. Sup. Ct. J. 52 (Tex. 2009). TX: Underlying decedent’s estate claims Student Contributor: Aaron Moncibiaz* FACTS: Executor Thomas O’Donnell sued Decedent’s former attorneys, Cox & ...
NJ: Entire Controversy Doctrine No Bar to Legal Malpractice Claim
Higgins v. Thurber (N.J. App. Div. April 21, 2010) NJ Underlying will contest Facts: At the time Salvatore Calcaterra died, he had been married to his second wife, Donna. Prior ...
PA: Breach of Fiduciary Duty: Where Attorneys Serve as Executors
In re Estate of Westin, 874 A.2d 139, 2005 PA Super 158 (Pa. Super. Ct. 2005) PA Underlying Will Probate Student Contributor: John Anzalone Facts: Creditors of an estate bring ...
NJ: Limitations on Duties to Third-Parties
Estate of Albanese v. Lolio, 393 N.J. Super. 355 (App. Div. 2007). NJ Underlying Probate Matter Student Contributor: Natalie Resto Facts: The decedent was survived by three daughters, all beneficiaries ...
Intended Beneficiaries as Exceptions to the Rule of Privity
Guy v. Liederbach, 501 Pa. 47 (Pa. 1983) PA. Underlying Will Action Student Contributor: Melissa Goldberg Facts: Kent, then a resident of Pennsylvania, retained Defendant to draft a one-page "Last ...