06/07/2005
California Court of Appeal Imposes Duty on Decedent's Attorney to Protect Caretaker-Beneficiary Under Will from Loss of Inheritance
Osornio v. Weingarten (2004)
124 Cal. App. 4th 304, 21 Cal. Rptr.3d 246
124 Cal. App. 4th 304, 21 Cal. Rptr.3d 246
Brief Summary
This case highlights once again the fact that, at least when it comes to estate planning, the assertion of "no privity of contract" will often be no defense to a claim against a lawyer. Indeed, the court appears to have taken pains to suggest to Ms. Osorio how she might proceed on remand.
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