Houston v. Young

OPINION

FEDERICI, Justice.

Appellant (plaintiff), brought a malpractice suit against appellees (defendants). In her complaint, plaintiff alleged that she had retained the defendants to pursue a claim against the estate of her husband. The complaint states that defendants negligently failed to assert and pursue a claim on behalf of plaintiff of a property interest in the separate property of the deceased pursuant to Section 29-1-9, N.M.S.A. 1953,1 and that as a result, she lost part of her community property interest in the estate.

Defendants filed a motion to dismiss the complaint for failure to…