Estate of Patricia Albanese v. John R. Lolio,
Jr., Esq.

06-04-07 A-1861-05T2

Summary judgment was granted to a law firm retained to
represent an estate which was sued for malpractice by the
executrix and other beneficiaries individually. The critical
issue related to whether the firm owed a duty of representation
to the plaintiffs as individuals based on the failure to advise
about personal tax liability relative to the sale of an asset of
the estate for estate tax purposes. The retainer should have
been clearer on the scope of representation, and summary
judgment was reversed as to the issue of duty to the executrix
as an individual, but not as to her sisters, the other
beneficiaries.