Lawyer May Be Liable for “Oversight” In Failing to Have Client Sign Trust Change

Identifiable beneficiaries may have cause of action where it is clear an innocent party was injured

An attorney who failed to have a client sign an amendment to his living trust while getting him to sign amendments to his will and other documents may be liable for legal malpractice to family members the client wanted to favor over a number of charities, the Pennsylvania Superior Court has held. The Court has reversed a trial court dismissal of the claims and allowed the family members to pursue a malpractice claim against the lawyer and his firm. ( Estate of Agnew , Superior Ct., PA, No. 2195 EDA 2014, 2/2/15. ) Robert Agnew had retained the lawyer in 2003 to draft his estate planning documents and various amendments over the years. As of 2010, his estate plan called for specific gifts of...

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Lawyer May Be Liable for “Oversight” In Failing to Have Client Sign Trust Change

Lawyer May Be Liable for “Oversight” In Failing to Have Client Sign Trust Change