The Court of Appeals has rendered a landmark decision, chipping away at privity in holding that an estate fiduciary may maintain a legal malpractice claim against its decedent’s estate tax planning attorneys for negligent representation. Until now, privity, i.e., a legal connection between two parties, was a strict condition precedent to maintaining a legal malpractice
June 2010
Fiduciary Relationship Leads to Allegations of Constructive Fraud
By Eric W. Penzer on
Posted in Fiduciaries
In Estate of Aoki, the New York County Surrogate’s Court recently denied a motion for summary judgment to enforce a waiver of a testamentary power of appointment that had been signed by the decedent. Eric Penzer discusses the decision in this week’s blog entry.
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