Father Changes Will; Son Files Civil Action Against Estate Attorney
Successfully defended an attorney in his individual capacity and in his capacity as executor of an estate. The plaintiff (the decedent’s son) had a verbal agreement to move into the decedent’s (his father’s) home and provide him with care. In exchange, the decedent agreed to leave his entire estate to the plaintiff, and he did so in a Will executed in 2010. After a deteriorating relationship, in May 2013 the decedent executed a new Will that essentially left the plaintiff with nothing. Clearly unhappy with the distribution scheme in his late father’s Will, the plaintiff filed a civil action in Dauphin County against our client. We filed preliminary objections challenging every claim, as well as standing. The court agreed that the plaintiff could not maintain any civil action against our client in his individual capacity or in his capacity as executor of the estate. As such, the entire complaint was dismissed, with prejudice.