In an article published by Law360 on Sept. 26, 2016, Courtney Moore provides guidance to estate planning attorneys who may be confronted with having to protect themselves from trust and estates malpractice claims. Moore states that “to counter any third-party will beneficiary claims, the [estate planning] attorney should document his or her advice regarding titling of assets, such as joint real estate, joint bank accounts, and assets payable by beneficiary designation...once the estate planning documents have been drafted and the attorney and client are satisfied that the documents effectuate the client's desires, the estate planning attorney should, if at all possible, supervise the client’s execution of the document.” For the full article, subscribers may click here.
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