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Ferguson v. Cramer5/21/1998
Kimberly Ann Ferguson et al. v. Steven J. Cramer et al. - No. 82, 1997 Term
Attorney - Malpractice - Personal representative, but not beneficiary, under a will may bring malpractice action against attorney retained by the personal representative.
Circuit Court for Anne Arundel County Case # C-94-17453 OL
In the instant case, we are called upon to determine whether a beneficiary under a will may maintain a cause of action for professional malpractice against an attorney retained by the personal representative of the testator's estate. We recently held that, as a matter of law, a non-client, testamentary beneficiary could not maintain a cause of action for professional malpractice against the testator's attorney for negligently drafting the testator's will or providing negligent estate planning advice where there was a lack of privity between the beneficiary and the attorney. Noble v. Bruce, Md. , A.2d (1998)(Slip Op. No. 7, 1997 Term). We believe that the Noble decision is controlling and therefore affirm the judgment of the Court of Special Appeals.
I.
The following facts alleged in the complaint and the exhibits thereto were before the Court of Special Appeals. Petitioners (the beneficiaries) are the heirs of Dennis Webster Eckes. On April 15, 1991, Mr. Eckes died. The will designated Paula Eckes as the personal representative. On April 24, 1991, Ms. Eckes and Respondent, Steven Cramer, entered into a retainer agreement for Cramer "to represent her in handling and administering" Mr. Eckes's estate. This agreement, attached to the complaint as an exhibit, named Ms. Eckes as the client. The agreement was entered "for the purpose of representation and all appropriate legal action by the law firm for handling estate of Dennis Eckes." The agreement provided that Cramer's fee was to be set by the court and that Ms. Eckes agreed to "pay all reasonable and necessary costs arising during the handling of this claim."
In their complaint, the beneficiaries alleged that "as the only heirs of the Estate of Dennis Webster Eckes, [they] were specifically intended to be the beneficiaries of Cramer's service as attorney for the estate of Dennis Webster Eckes." In addition, the beneficiaries claimed that Cramer owed a duty to assist Ms. Eckes in carrying out her duties as the personal representative of the estate and a duty "to exercise that degree of care and diligence in pursuing the administration of the Estate of Dennis Webster Eckes as used by attorneys engaged in the practice of law." It is further alleged that Cramer breached his duty to the beneficiaries of the estate and that this breach caused both the beneficiaries and the estate to suffer long-term economic loss. The beneficiaries also alleged suffering emotional trauma.
Specifically, the beneficiaries first asserted that Cramer failed to properly obtain accurate appraisals of the testator's assets, including the inventory of Mr. Eckes's business, resulting in an overvaluation of estate assets. The beneficiaries further alleged that Cramer directed the inventory of Mr. Eckes's business to be appraised at its highest retail value. This overvaluation in turn resulted in an increase in the value of Mr. Eckes's gross estate upon which federal and state estate taxes were paid. Once the inventory of Mr. Eckes's business was sold, the beneficiaries assert that substantial legal and accounting fees were expended to obtain refunds from the federal and state governments, presumably due to an overpayment in estate taxes. In addition, the beneficiaries alleged that Cramer failed to adequately advise Ms. Eckes regarding the administration of the estate and the filing of accurate accountin
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