Barcelo v. Elliott

923 S.W.2d 575 (1996)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Frances retained D to assist her with estate planning. D drafted a will and inter vivos trust agreement that provided for specific bequests to her children, devising the residuary of her estate to the inter vivos trust. Under the trust agreement, trust income was to be distributed to her during her lifetime. Upon her death, the trust was to terminate, assets were to be distributed in specific amounts to her children and siblings, and the remainder was to pass to six grandchildren Ps. The trust agreement contemplated that the trust would be funded by cash and shares of stock during her lifetime. She signed the will and trust agreement in September 1990. She died on January 22, 1991. The probate court declared the trust to be invalid and unenforceable. Ps agreed to settle for what they contend was a substantially smaller share of the estate than what they would have received pursuant to a valid trust. Ps' then filed a malpractice action against D. D moved for summary judgment on the sole ground that he owed no professional duty to Ps because he had never represented them. The trial court granted the motion and Ps appealed. The court of appeals affirmed. Ps appealed.