Perez v. Stern, 279 Neb. 187 (2010): Nebraska had previously been listed as a state requiring privity in malpractice actions involving estate planning. Recently, Nebraska has relaxed the absolute privity requirement slightly, ruling in Perez v. Stern, 279 Neb. 187, 2010 LEXIS 6, that privity was not required in an action by the mother of decedent’s children (as next friend) against an attorney who allowed the statute of limitations to run on a wrongful death claim regarding their father’s death made on behalf of the children. The court held the attorney had an independent duty to the children, as decedent’s next of kin, to timely prosecute the wrongful death claim. However, the court said that its previous rule that an attorney who prepared a will had no duty to any alleged beneficiaries in that will (Lilyhorn v. Dwyer, 335 N.W. 2d554 (1983); St. Mary’s Church v. Tomek, 325 N.W. 2d 164 (1982)) would be retained.
Special thanks to Martin D. Begleiter (Professor of Law, Drake University) for providing this information.
