Attorney News

Malpractice Claim Against Estate Attorney Does Not Survive the Decedent
A Kansas appeals court rules that because an estate's malpractice claim against an attorney who prepared estate documents is grounded in tort law and the injury did not occur during the decedent's lifetime, the cause of action did not survive the decedent's death. Jeanes v. Bank of America (Kan. Ct. App., No. 97,855, Aug. 29, 2008).

Attorneys for Former Guardian Can't Obtain Fees Through Quantum Meruit
A Texas appeals court rules that attorneys representing the former guardian of a ward's estate are not entitled to payment through a theory of quantum meruit or unjust enrichment because their contract with the former guardian survives her removal and should govern in this case. In the Matter of the Guardianship of Wanda Louise Fortenberry (Tex.App., No. 05-07-00173-CV, Aug. 29, 2008).

DHS Proposes Rules for State Partnership Reciprocity Agreements
The U.S. Department of Health and Human Services has issued a new notice addressing the problems that occur when a Medicaid applicant purchases a long-term care insurance "partnership" policy in one state and then applies for Medicaid in another state.