Attorney Does Not Owe Duty to Successor Trustees of Trust

An Illinois appeals court rules that an attorney who drafted a trust for a client does not owe a duty to the two successor trustees of the trust. Johnson v. Stojan Law Offices, P.C. (Ill. Ct. App., 3rd Dist., No. 3-17-0003, Jan. 12, 2018).

Jean Sztajer hired attorney Clark Stojan to draft a living trust. The trust named her three children as successor co-trustees. After Ms. Sztajer was diagnosed with Alzheimer's disease, she executed a special power of attorney that gave her daughter the power to act as trustee in her place. Mr. Stojan helped Ms. Sztajer amend the trust to name her daughter as successor trustee and her sons as second successor trustees. A doctor found Ms. Sztajer competent to make life decisions two months after the amendment. Ms. Sztajer's sons, Bret and Sean Johnson, began questioning distributions from the trust and complained to the Illinois Department of Aging, but no misconduct was found.

After Ms. Sztajer died, the Johnson brothers sued Mr. Stojan, alleging legal malpractice. The trial court granted summary judgment to Mr. Stojan, finding that he did not owe a duty to the brothers. The brothers appealed, arguing that Mr. Stojan owed them a duty as co-trustees and beneficiaries.

The Appellate Court of Illinois, Third District, affirms, holding that Mr. Stojan did not owe a duty to the Johnson brothers. According to the court, Ms. Sztajer was competent when she amended the trust to name her daughter as successor trustee, so the Johnson brothers never became co-trustees of the trust. In addition, the court rules that the trust was created to provide financial support for Ms. Sztajer, not to benefit the Johnson brothers, meaning that the Johnson brothers were incidental beneficiaries and Mr. Stojan did not owe them a duty.

For the full text of this decision, go to: https://www.illinoiscourts.gov/Opinions/AppellateCourt/2018/3rdDistrict/3170003.pdf

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