Schneider v. Finmann
New York Court of Appeals
933 N.E.2d 718 (2010)
Relevant factsFree
An attorney (defendant) provided estate-planning services to a decedent, and the estate's representative (plaintiff) later sued the attorney for malpractice, alleging that negligent estate-planning advice caused significant estate tax liability that could have been avoided with competent counsel. The lower courts had to decide whether the estate could pursue a malpractice claim given that the attorney's direct client (the decedent) had since died, raising privity concerns.
IssueFree
Whether a decedent's estate has standing to sue the decedent's estate-planning attorney for malpractice, notwithstanding the lack of privity between the estate and the attorney.