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ESTATE OF GASPAR v. VOGT, BROWN & MERRY

No. 22690.

670 N.W.2d 918 (2003)

2003 SD 126

ESTATE OF Marcella M. GASPAR, Jerome C. Baumberger and Vincent Baumberger, co-personal representatives, Plaintiffs and Appellees, v. VOGT, BROWN & MERRY, a South Dakota partnership engaged in the practice of law, Defendant and Appellant.

Supreme Court of South Dakota.

Decided October 15, 2003.

Rehearing Denied November 18, 2003.

Attorney(s) appearing for the Case

Clair R. Gerry, Brian J. Stuart of Stuart, Gerry & Schlimgen, Sioux Falls, South Dakota, Attorneys for plaintiffs and appellees.

Rory King of Bantz, Gosch & Cremer, Aberdeen, South Dakota, Attorneys for defendant and appellant.

KONENKAMP, Justice.

[¶ 1.] In preparing wills for a husband and wife who wished to disinherit each other so that their children by previous marriages would receive their estates, the attorney failed to advise that waivers of their respective spousal elective shares would be necessary to accomplish their testamentary wishes. After the wife died, the husband obtained his elective share of half the wife's estate. The wife's estate then brought a legal malpractice...

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