An appeals court in the State of Washington has held that an estate planning attorney does not owe a duty of care to the beneficiary of a client’s estate. In this case the beneficiary, Jennifer Linth, wanted to sue estate planning attorney Carl Gay on legal malpractice for improperly executing estate planning documents. The Washington Court of Appeals affirmed the trial court’s decision that Mr. Gay did not owe Ms. Linth any duty of care. Mr. Gays duty to the trustee does not extend to a non-client beneficiary. The full text of the Washington Court of Appeals decision in Linth v. Gay can be read here.
See Attorney Does Not Owe Duty of Care to Beneficiary of Client’s Estate, Elder Law Answers, October 1, 2015.
Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.
