Attorney obtained a dismissal of a legal malpractice action which was filed against an attorney for an estate.  In the probate action, the recalcitrant beneficiaries argued that the attorney did not move quickly to file the returns which resulted in tax liabilities in the hundreds of thousands of dollars.  While it was true that the returns were not timely filed, the attorney was able to demonstrate that the client attorney was not responsible for the late filing.  Rather, the Executrix simply was not responding to the attorney's requests in connection with the preparation and filing of the returns.  Next, the attorney also successfully argued that the client attorney owed no duty to the beneficiaries, and that they were not in a position to bring the action.  Therefore, their Complaint against the attorney did not state a claim.