Estate Planning and Legal Malpractice
Privity is a requirement in almost all cases of legal malpractice. One particular sticking point is the negligently created estate. Who has the right to sue, if anyone? Here is a Texas case which differentiates between the damaged estate [think: unnecessary tax, costs, loss of assets] and a disappointed will beneficiary.
In this case, the estate was able to sue its attorney, even thought testator was dead. The Texas case.
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