Residuary Beneficiaries Have Standing for Malpractice over TOD Account

Decedent’s grandchildren, as 30% residuary beneficiaries under the will drafted by the defendant law firm, have standing to pursue a malpractice action against the law firm when the bulk of the decedent’s assets were in a “transfer on death” brokerage account payable to the decedent’s children, but the grandchildren’s claim for breach of contract was dismissed for failure to state a claim.  Fortunato v. CGA Law Firm, 2017 WL 3129825, No. 1:17-cv_00201 (U.S.D.C. M.D.Pa. 7/24/2017) (applying Pennsylvania law).

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