Legal Question in Legal Ethics in New York

Will litigation

Two years ago my dad passed and left my brother and I and our children 7,722 shares of GE stock. I was the executive of the estate. My dad had everything in order and owed no one a dime. At the time the price of GE stock was 43+ dollars a share. My family lost over 300,000 dollars due to what I believe to be lawyer negligence. Do I have a case of litigation against this lawyer to get our money back.


Asked on 7/06/09, 11:22 am

1 Answer from Attorneys

Matthew Schwartz Schwartz & Ponterio, PLLC

Re: Will litigation

You may have a case, but it would depend on what you hired the attorney to do. If you retained the lawyer to manage your father's estate, including its assets, there may be a way to hold the lawyer responsible for the loss of assets.

If an attorney acts as a trustee for estate assets, the attorney has a duty to invest and manage property held in a fiduciary capacity in accordance with the "prudent investor standard.� EPTL 11-2.3[a]. The prudent investor standard requires a trustee to diversify assets unless the trustee reasonably determines that it is in the interests of the beneficiaries not to diversify, taking into account the purposes and terms and provisions of the governing instrument. If your attorney failed to diversify the estate's assets, there may be basis for a claim.

My father also worked for GE before he died in 2001, and I was also executor of his estate, so I have some personal experience dealing with GE employee benefits issues.

I would be happy to review your case for you - please give me a call.

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Answered on 7/06/09, 11:46 am


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