Legal Opinion

Estate of Schneider v. Finmann

New York Court of Appeals

Decided June 17, 2010No. 104PublishedCited by 34 opinions

1Opinion of the Court

OPINION OF THE COURT

Jones, J.

At issue in this appeal is whether an attorney may be held liable for damages resulting from negligent representation in estate tax planning that causes enhanced estate tax liability. We hold that a personal representative of an estate may maintain a legal malpractice claim for such pecuniary losses to the estate.

The complaint alleges the following facts. Defendants represented decedent Saul Schneider from at least April 2000 to his death in October 2006. In April 2000, decedent purchased a $1 million life insurance policy. Over several years, he transferred…

2Cases cited15 opinions

  1. Barcelo v. ElliottTexas Supreme Court · 1996
  2. Blair v. IngHawaii Supreme Court · 2001
  3. Stanley L. and Carolyn M. Watkins Trust v. LacostaMontana Supreme Court · 2004
  4. Simpson v. CalivasSupreme Court of New Hampshire · 1994
  5. Belt v. Oppenheimer, Blend, Harrison & Tate, Inc.Texas Supreme Court · 2006

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3Cited by34 opinions

  1. Gorbatov v. TsirelmanAppellate Division of the Supreme Court of the State of New York · 2017
  2. Landon v. Kroll Laboratory Specialists, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  3. Estate of Thomas E. Cabatit v. Stephen A. CandersSupreme Judicial Court of Maine · 2014
  4. Randazzo v. NelsonAppellate Division of the Supreme Court of the State of New York · 2015
  5. Davis v. Farrell Fritz, P.C.Appellate Division of the Supreme Court of the State of New York · 2022

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