In the recent case of Matter of Cheek, Surrogate Holzman of Bronx County addressed two issues that arise with some frequency in the context of Surrogate’s Court litigation – the validity of a decedent’s marriage, and a party’s attempt to vacate a stipulation of settlement. Jaclene D’Agostino discusses the decision in our latest entry.
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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

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.
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