Administrative Law Keyed to Lawson
Barcelo v. Elliot
Frances Barcelo retained Defendant, David Elliot, to assist her with estate planning. Defendant drafted a will and inter vivos trust agreement for her. Barcelo signed the will and trust agreement in September 1990 and passed away in January 1991. Two of Barcelo’s children contested the validity of the trust and it was declared invalid and unenforceable. Plaintiffs, Barcelo’s grandchildren, who were the intended remainder beneficiaries under the trust, settled for an amount substantially smaller than they would have received under the trust. Plaintiffs subsequently filed a malpractice action against the Defendant alleging his negligence caused the trust to be invalid. The trial court granted the Defendant’s motion for summary judgment and Plaintiffs now appeal.
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