Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Tag Archives: beneficiaries

SC: No Privity with Trust Beneficiaries, No Fiduciary Duty

Posted in South Carolina
Argoe v. Threee Rivers Behavioral Center and Psychiatric Solutions, 388 S.C. 394, 697 S.E.2d 551 (2010) SC: Underlying Trusts, Real Estate; Breach of Fiduciary Duty Student Contributor: Nicholas Seabrooks Facts: Martha Argoe’s husband and son retained the defendant attorney Walsh to help protect her from her own irresponsible and erratic behavior. According to the husband and… Continue Reading

SC: Nonexistent Will Equals Nonexistent Duty

Posted in Privity, South Carolina, Wills Trusts & Estates
Rydde v. Morris, 381 S.C. 643 (S.C. 2009) SC: Underlying estate matter Student Contributor: Karen Dindayal Facts:  Johanna W. Knight was an elderly person, who retained Morris to handle her estate planning matters. In the estate planning questionnaire provided by Morris, Knight named Rydde and Konij as her prospective will beneficiaries on September 22, 2005.… Continue Reading

NJ: Limitations on Duties to Third-Parties

Posted in Fiduciary Duty, New Jersey, Wills Trusts & Estates
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 under the decedent’s will. One of the beneficiaries, the executrix, retained the defendant attorney for the probate of the decedent’s estate. The executrix, allegedly upon… Continue Reading