Court Held That The Estate Planning Privity Rule Barred Granddaughter’s Claim For Malpractice Against Her Grandmother’s Attorneys Regarding The Failure To Execute A New Will (February 13, 2022)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, has made available for download his article titled, “Court Held That The Estate Planning Privity Rule Barred Granddaughter’s Claim For Malpractice Against Her Grandmother’s Attorneys Regarding The Failure To Execute A New Will,” which discusses Flores v. Branscomb PC. The abstract is as follows:

In Flores v. Branscomb PC, before her death, the decedent hired counsel to prepare a new will. No. 13-18-00411-CV, 2021 Tex. App. LEXIS 4612 (Tex. App.—Corpus Christi June 10, 2021, no pet. history). The new will would have named the decedent’s granddaughter as her executor and as a beneficiary. The decedent died before signing the new will, and the granddaughter sued the decedent’s attorneys for malpractice. The attorneys filed a motion for summary judgment, arguing that they owed no duty to the granddaughter. The trial court granted the summary judgment, and the granddaughter appealed. The court first discussed the estate planning privity rule:

To see the full article, click : “Court Held That The Estate Planning Privity Rule Barred Granddaughter’s Claim For Malpractice Against Her Grandmother’s Attorneys Regarding The Failure To Execute A New Will”.

Posted by Isabella King, Associate Editor, Wealth Strategies Journal.

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