Can a beneficiary under a will stop maintaining an action against the testator's attorney?
California, United States of America
The following excerpt is from Moore v. Anderson Zeigler Disharoon Gallagher & Gray, 135 Cal.Rptr.2d 888 (Cal. App. 2003):
beneficiary under a will from maintaining an action against the testator's attorney on either a contractual theory of third party beneficiary or a tort theory of negligence. (Bucquet v. Livingston, supra, 57 Cal.App.3d 914, 921-922.) Such liability is not, however, automatic. (Id. at p. 921.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Can a beneficiary of a third party creditor beneficiary contract rescind the contract before the commencement of an action against the beneficiary? (California, United States of America)
Does the statute of limitation in a personal injury action against an attorney extend beyond the date of action against the attorney? (California, United States of America)
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
Can an adversary pursue a cause of action for equitable indemnity against an opponent's attorney arising from negligent advice to an attorney? (California, United States of America)
If appellant had valid grounds to criticize his trial attorney's actions with respect to the Miranda issue, would he have been able to argue that the trial attorney was constitutionally ineffective? (California, United States of America)
Can a plaintiff maintain a malicious prosecution cause of action if the entire action in which it was filed has been terminated? (California, United States of America)
Is the beneficiary of a life insurance policy entitled to the proceeds of the policy to the beneficiary when the beneficiary is innocent of any wrongdoing? (California, United States of America)
Can an attorney who is sued for malpractice by a former client cross-complain for equitable indemnity against a successor attorney who has been hired to extricate the client from the condition created by the predecessor attorney? (California, United States of America)
Can an adverse party in a personal injury action recover fees paid or payable to his own attorney for services rendered in that action? (California, United States of America)
