LexisNexis® Legal Newsroom
The Role of Limited Letters in Legal Malpractice Actions

In a significant decision this summer, Schneider v. Finmann , 15 N.Y.3d 306, 907 N.Y.S.2d 119, 933 N.E.2d 718 (2010) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], the New York Court of Appeals loosened the privity requirements in...

John G. Farinacci: Cross-Discipline Practice in the Post-Schneider World

By John G. Farinacci, Esq. It has long been the rule in New York that the personal representative of an estate could not maintain an action against a decedent's estate planning attorney for legal malpractice because there was no privity between the estate fiduciary and the attorney. Deeb v...

Treading on Sacred Ground: Denying the Appointment of a Testator's Nominated Personal Representative

Case Comment: Treading on Sacred Ground: Denying the Appointment of a Testator's Nominated Personal Representative - Schleider v. Estate of Schleider, 770 So. 2d 1252 (Fla. 4th DCA 2000) [ Schleider's enhanced version available to lexis.com subscribers ] By Lauren A. Kirkpatrick J.D., 2011...

Can Minor Children Pick the Personal Representative of an Estate?

In Florida Florida Statute 733.301(1)(b)(2) defines how a minor child can participate in a probate proceeding. Minor children are not able to participate directly, but can do so through a court appointed guardian over their property. In a recent Florida case out of the 2nd District of Florida...

How to Name a Personal Representative of a Will – 3 Tips to Unburden the Family

Recently, a personal representative client of ours reached yet another exasperating obstacle in an already long and drawn out process. To begin with, the estate was comprised of several small life insurance accounts, each of which required a great deal of time, effort and paperwork to surrender...

Personal Representative Liable for Unpaid Federal Income Taxes

The recent Pennsylvania District Court case of U.S. v. David A. Tyler and Louis J. Ruch [ enhanced version available to lexis.com subscribers ] is designed reminds estate executors ( Florida Personal Representatives ) that if they fail to do their job right, they can incur personal liability for the...

Refusal to Follow Preference for Appointment of Personal Representative Was an Abuse of Discretion

In the case of Bowdoin v. Rinnier, 81 So. 3d 582 (Fla. 2d DCA 2012) [ enhanced version available to lexis.com subscribers ] the Decedent died intestate, leaving her husband, and a minor child as her sole heirs. Decedent's mother, filed a petition for administration seeking her appointment as personal...