Finality in Settlements • Spouse’s Share of an Estate
Kilmer v. Sposito, PICS Case No. 16-0852 (Pa. Super. July 1, 2016) Stevens, P.J. (10 pages).
Trial court erred in granting appellee’s preliminary objections and in dismissing appellant’s legal malpractice suit. The suit alleged appellee negligently advised her to file an election to take against her husband’s will when pure operation of law would have given her a bigger share of her husband’s estate. The policy of advancing the interests of finality in settlements in Muhammad v. Strassburger, McKenna, Messer, Shilobod and Gutnick, was inapposite in this case, since appellant’s action focused on appellee’s alleged failure to advise her correctly on the law pertaining to her interest in her husband’s estate. Reversed.
