Heyer v. Flaig

Doris Kilburn hired Flaig (defendant) to draft a will leaving her entire estate to her two daughters (plaintiffs) and told him she planned to marry Glen Kilburn soon; Flaig drafted the will before the marriage without mentioning Mr. Kilburn except as executor, and never warned Mrs. Kilburn that marrying afterward could affect the will's validity or her daughters' shares. After Mrs. Kilburn died, Mr. Kilburn claimed a share of the estate as a post-testamentary spouse, and the daughters sued Flaig for malpractice, arguing he negligently failed to account for or advise on the impending marriage; the trial court dismissed the claim, and the daughters appealed.