Kantor

Kantor v. McDermott Will & Emery CA2/8

Good Law
Court of Appeal of CaliforniaJuly 18, 2016B264278California4,005 words

Opinion

Opinion

Flier, J.

BACKGROUND

1. Paul Kantor’s Estate Planning and the Trust Action Plaintiff filed his original complaint on February 13, 2014, and his operative first amended complaint (FAC) on June 3, 2014. He alleged a single claim of legal malpractice stemming from defendants’ preparation and execution of his father Paul Kantor’s estate plan in 2002. Paul died on December 23, 2002, and plaintiff alleged he should have received a one-fourth interest in Paul’s valuable fine art collection through provisions of a family trust and a family limited partnership defendants prepared for Paul. He alleged he suffered actual injury on February 19, 2013, when a superior court judge in a separate proceeding challenging Paul’s trust ruled Paul’s community property interest in his art collection fell within a “personal effects” provision in the family trust and therefore went to Paul’s surviving wife and plaintiff’s stepmother Ulrike (the trust action). Plaintiff believed defendants’ failure to properly prepare and execute the estate plan before Paul’s death in 2002 caused him to lose his interest under the trust. Defendants’ undisputed evidence submitted in support of summary judgment showed the following…

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