A woman suing her former attorney for legal malpractice and breach of contract over advice that reduced her share of her husband’s estate can proceed with her lawsuit, the Pennsylvania Superior Court has ruled, despite the fact that she agreed to a settlement with the estate after obtaining new counsel.
A unanimous three-judge panel held July 1 in Kilmer v. Sposito that Janet Kilmer’s agreement to accept a 41.5 percent share of the estate does not stand in the way of her lawsuit against James Sposito for allegedly carelessly advising her that she was entitled to one-third of the estate, as opposed to the one-half share she was entitled to by law. The court reasoned that Kilmer’s lawsuit should not have been dismissed because Sposito’s professional judgment did not relate to her settlement negotiations, but, rather, to her entitlement to a share of the estate.
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