The Illinois statute of limitations period governing legal malpractice cases is normally two years. The plaintiff has two years from the discovery of the injury to file suit. Illinois has another provision in the statute, which often protects lawyers involved in estate planning. 5/13-214.3(d) provides that: When the injury caused…
Meisler was a “potential” beneficiary. She argued that the lawyer who drafted the estate planning documents committed legal malpractice because he did not include certain language in the estate planning documents. In some states a beneficiary can sue the lawyer who drafted estate planning documents. Ohio rejects this concept and…
This opinion arises in an unusual procedural setting – plaintiff sought summary judgment on liability. Plaintiff claimed that an estate planning attorney erred in drafting a Will. The documents are quoted here: On August 19, 2006, Elizabeth executed a revised Last Will and Testament presented to her by Defendants. (Id.…
This is another chapter in the long-running battle between beneficiaries of estates and estate planning attorneys. For much of the 19th century if a lawyer made an error in the drafting of an estate planning document, the intended beneficiary could not sue for legal malpractice because the intended beneficiary was…