An attorney who drafted a power of attorney for a client that included a requirement that the client’s agents provide an inventory and yearly accountings to the attorney had a duty to ensure the agents complied with the requirements, according to an Ohio appeals court. Svaldi v. Holmes (Ohio Ct. App., 10th Dist., No. 12-AP167, [...]
Entries Tagged as 'Legal Malpractice'
Attorney Owed Duty To Client To Follow Up With Agents To Obtain And Review Inventory And Accountings Required In Power Of Attorney
January 6th, 2013 · No Comments
Tags: Elder Law · Estate Planning · Legal Malpractice · New Cases · Powers of Attorney
Malpractice Case May Proceed Against New York Attorney Who Charged More Than $44,000 For Medicaid Planning To Protect Net Estate Worth $130,000
September 20th, 2012 · No Comments
A New York appeals court allowed a case for legal malpractice and breach of fiduciary duty to proceed against an attorney who charged more than $44,000 for Medicaid planning work to protect a net estate valued at about $130,000. Sobel v. Ansanelli, (N.Y. Sup. Ct., App. Div., 2nd Dept., No. 2011-11418, Sept. 19, 2012). In [...]
Tags: Attorney Ethics · Attorneys Fees · Elder Law · Legal Malpractice · Medicaid Applications · Medicaid Planning · New Cases
Appellate Division Declines To Extend Duty Owed By Estate Attorney To Omitted Family Member
October 10th, 2011 · No Comments
In a September 30, 2011 unpublished opinion, our Appellate Division considered the duty owed by the scrivener of a will to third parties, and declined to extend that duty to the stepson of a decedent who had been omitted from the decedent’s will. In Taffaro v. Connell, No. A-4928-09T2 (App. Div. Sept. 30, 2011), Dolores [...]
Tags: Estate Litigation · Lawyers and Lawyering · Legal Malpractice · Litigation · New Cases
