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Wills, Trusts & Estates Keyed to Sterk
Barcelo v. Elliott
Citation:
923 S.W.2d 575Facts
Frances Barcelo hired attorney David Elliott for estate planning, leading to the creation of a will and inter vivos trust in 1990. The will left specific bequests to her children and the residuary estate to the trust, which was to provide income to Barcelo during her life and distribute assets to her children, siblings, and grandchildren upon her death. After Barcelo’s passing in January 1991, two of her children contested the trust, which was declared invalid by the probate court. Barcelo’s grandchildren, as remainder beneficiaries, settled for less than they would have received under a valid trust. They later sued Elliott for malpractice, claiming his negligence invalidated the trust, but Elliott argued he owed no duty to them as they were not his clients.
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