The executor of a will may not use the “continuous representation” doctrine to overcome the statute of limitations when suing a law firm for malpractice in connection with the drafting of the will, according to a Feb. 2 ruling by Manhattan Supreme Court Justice Manuel J. Mendez (See Profile) in Allmen v. Fox Rothschild, 101964/11.
The suit was filed against Fox Rothschild last year by Tara Allmen, executor of the estate of Renee Allmen, who died in 2006. Fox Rothschild represented Renee Allmen in drafting the will, and later represented Tara Allmen in executing it. Tara Allmen alleges that, in drafting the will in 2005, the firm failed to include some of Renee Allmen’s bank accounts in her estate, making the money in those accounts unavailable for paying the estate’s tax liabilities. She also alleges that the firm overbilled her for the work it did for her directly.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
