Probate
Nov. 13, 2024
Clear, certain, and undisputed: Who holds the estate planners accountable?
Two recent cases in the Court of Appeal examined the limitations on the potential class of plaintiffs to whom the drafting attorney could be liability.
Matthew D. Kanin
Of Counsel, Greenspoon Marder LLP
Shutterstock
An attorney who provides estate planning services (such as drafting revocable living trusts and wills) can be liable not just to the client who engaged him or her, but also to potential beneficiaries. See Heyer v. Flaig (1969) 70 Cal.2d 223, 225-226 ("Heyer")("intended beneficiaries of a will who lose their testamentary rights because of failure of the a...
To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In