Steps For Practitioners Fearing Lawsuits Resulting From the Estate Tax Repeal

The unexpected estate tax rules in effect for 2010 could result in unintended consequences for some wills, and when unintended consequences occur, lawsuits may occur as well.  Unhappy beneficiaries of these wills may sue the attorney who drafted the will in the first place.  

 Estate planning and tax attorneys should consider sending their clients a letter or email informing their clients of the big estate tax changes and the need to review their wills. This would create a useful paper trail in the event that the attorney is later sued over the client's will or trust.  Following up with a phone call after mailing the letters would make that paper trail even better.

See Dow Jones, Estate Tax Repeal Stirs Lawsuit Fears, March 24, 2010. 

Special thanks to Joel Dobris (Professor of Law, UC Davis School of Law) for bringing this to my attention.