See this week’s entry for a message from Eric Penzer regarding the upcoming Fall meeting of the NYSBA’s Trusts and Estate’s Law Section.
Continue Reading NYSBA Trusts & Estates Law Section to Discuss Recent Decisions
Legal Profession
Estates May Pursue Legal Malpractice Claims on Behalf of Decedents
By Jaclene L. D'Agostino on
Posted in Legal Profession
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…
Tales from the Crypt: Disposing of Human Remains in New York
By Robert M. Harper on
Posted in Legal Profession
This week’s entry discusses a recent case in which a decedent’s parent sought permission to determine the disposition of her daughter’s remains, despite the priority of the decedent’s spouse pursuant to statute.
Continue Reading Tales from the Crypt: Disposing of Human Remains in New York
Widow Barred from Bringing Legal Malpractice Action against Husband’s Estate Planning Attorneys
By Jaclene L. D'Agostino on
Posted in Legal Profession
This week’s entry, written by Jaclene D’Agostino, discusses a recent New York County Supreme Court decision dismissing a widow’s legal malpractice claim against her husband’s estate planning attorneys. The rationale: lack of privity, despite the fact that the defendant attorneys also represented the widow in her own estate plans, and jointly with her husband in other matters.
Continue Reading Widow Barred from Bringing Legal Malpractice Action against Husband’s Estate Planning Attorneys