· 6/17/2010
Estate of Schneider v. Finmann
Citations
- 933 N.E.2d 718
- 15 N.Y.3d 306
- 907 N.Y.S.2d 119
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a nonclient estate could maintain a malpractice claim against the estate-planning attorney
- holding that only the client and the client's estate may sue a drafter of testamentary documents for legal malpractice
- holding that the personal representative has sufficient privity with a decedent’s attorney to maintain a legal-malpractice action for damages resulting from negligent estate planning, which allegedly caused en hanced estate-tax liability
- noting that only minority of jurisdictions apply strict privity rule in estate plan- ning contexts
- noting that a decedent's estate \stands in the shoes of the decedent\
- \Relaxing privity to permit third parties to commence professional negligence actions against estate planning attorneys would produce undesirable results- uncertainty and limitless liability.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Jones
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.