June 17, 2010 the Court of Appeals determined that the doctrine of privity of
contract, which has previously barred an action for legal malpractice against
an estate planning attorney by an estate or trust and/or its beneficiaries, no
longer applied to an action by an executor.
( Schneider v...
By David W. Tate
The following is a link to an interesting article by Victoria J. Haneman
discussing the possibility of using constructive trust equitable
remedies to cure or mitigate testamentary mistakes, Click Here.
In fact, at least in California, wills and trusts are supposed to be
Some things just aren't supposed to happen. In health care, they are referred to as "never events" and include hospital-acquired infections or injuries, medication errors and objects left inside patients during surgery. Yikes.
The Centers for Medicare and Medicaid Services (CMS) have...