A recurring situation is the question of whether an attorney who prepares a will can be held liable to the estate or even more distantly, to the beneficiaries for work performed before the death.  Here ia a NJ case where plaintiff loses. CARL TORBAN, individually and as Executor of the Estate of Albie J. Torban and Lola R. Torban, deceased, v. OBERMAYER REBMANN MAXWELL & HIPPEL and KIMBERLY J. SCOTT .

The questions presented in this situation are whether there is priviity between the estate and the attorney and again, more distantly, whether the beneficiaries can sue the attorney.  Here, no.  In other situations, the attorney is then hired by the estate, and may committ malpractice post death.