Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Tag Archives: trusts

VT: Legal Malpractice On Malice and Punitive Damages

Posted in Damages, Vermont
DeYoung v. Ruggiero, 185 Vt. 267 (2009). VT: Wills, Trusts & Estates Student Contributor: Peter J. Jannace FACTS: Plaintiffs hired defendant to close on the purchase of a house in Vermont. Plaintiffs later inherited a substantial amount; due to a communication breakdown between the decedent and the plaintiffs, plaintiffs hired defendant to ensure that plaintiffs… Continue Reading

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

FL: Trust & Estate Malpractice: Third-Party Testamentary Beneficiary Has Standing to Sue for Legal Malpractice

Posted in Florida, Standard of Care, Wills Trusts & Estates
Gallo v. Brady, 925 So.2d 363 (Fla. App. 2006) FL: Underlying Estate Planning Student Contributor: David Drescher FACTS: Ann Gasponi employed Frank R. Brady and his law firm Brady & Brady P.A. to carry out her estate planning. In the course of this representation, Brady suggested that Gasponi create a charitable remainder trust. Gasponi apparently… Continue Reading

MO: Court Rules no harm, no foul.

Posted in Wills Trusts & Estates
Patterson v Checkett, 43 S.W.3d 477 MO: Underlying trusts and estate Student Contributor: Meghan Jean Facts: The Pattersons retained attorney Checkett to help with their estate planning. After the Patterson’s indicated what they wanted to be placed into the trust, Checkett sent them a letter indicating what could be done with the IRA and verifying… Continue Reading