Fun fact: Trusts are not testamentary documents. That means Trusts do not have to follow all of the strict rules required to make a valid Will. Wills require a written document, signed by the decedent and witnessed by two witnesses…not so for Trusts. Trusts fall into a broad category of estate planning vehicles known as “Will substitutes” because they bypass ...Read More
Posts Categorized: Estate Planning Malpractice
Estate Planning Attorneys May Be Held Liable in Legal Malpractice Lawsuits Where Intended Beneficiaries Lose Inheritance under a California Trust or Will Due to Attorney Error.
Generally, estate planning attorneys who draft California Trusts and Wills can only be sued for legal malpractice by the client who hired them. But there is a narrow exception to this general rule where an estate planning attorney’s mistake harms “intended beneficiaries” of the Trust or Will—even though the intended beneficiaries were never the attorney’s clients. A balancing test is ...Read More