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In re Guardianship of Karan

38 P.3d 396 (2002)

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In re Guardianship of Karan

Washington Court of Appeals
38 P.3d 396 (2002)

  • Written by Sharon Feldman, JD

Facts

Amanda Karan (plaintiff), a minor, was the beneficiary of her father’s life-insurance policy. Amanda’s mother hired attorney James Topliff (defendant) to help her petition for guardianship of Amanda’s estate following the death of Amanda’s father. The guardianship order did not comply with Washington’s statutes requiring that Amanda’s mother post a bond or that the estate funds be deposited into an account with blocked access. Amanda’s mother depleted three-quarters of the estate funds. After failing to recover on judgments against Amanda’s mother, Amanda’s new guardian sued Topliff for legal malpractice, alleging that Topliff owed Amanda a duty to ensure a bond or a blocked account. Topliff moved for summary judgment, arguing that he did not owe a duty of care to Amanda. The court granted summary judgment to Topliff. Amanda appealed.

Rule of Law

Issue

Holding and Reasoning (Sweeney, J.)

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