John ‘Jack’ Slimm Wins NJ Appellate Decision on Counsel’s Duties to Non-Client Beneficiaries in Estate Litigation

In John Miranda v. Alexander J. Rinaldi, et al., A-3780-22 (App. Div. October 1, 2024), a beneficiary, and non-client, filed an action for legal malpractice against the attorneys handling the probate litigation. The plaintiff contested the probate of a Will on behalf of some, but not all, of the beneficiaries to name the remaining beneficiary as a plaintiff in the litigation.

In the probate litigation, which challenged the decedent’s second Will that disinherited the plaintiff and named the daughter as a sole beneficiary and Executor, the brothers (beneficiaries) sought to contest the Will and revoke the Letters Testamentary issued to their sister.

At the appellate level, Jack was able to able to demonstrate that there was no implied attorney relationship, even though the attorneys handling the probate litigation held themselves out as the plaintiffs’ attorneys in letters to the surrogate. While New Jersey does recognize, in limited situations, the potential for a direct claim against an attorney by a non-client, the Appellate Division agreed with Jack’s argument that there was no reliance by the plaintiff beneficiary on the attorneys handling the probate litigation and it affirmed the trial court’s order for summary judgment. 

Should you need any further information regarding this recent decision, please do not hesitate to contact Jack directly. 

^{Legal Updates for Lawyers’ Professional Liability – October 8, 2024, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2024 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.}