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BORISSOFF v. TAYLOR & FAUST

No. S105600.

15 Cal.Rptr.3d 735 (2004)

93 P.3d 337

33 Cal.4th 523

Robert A. BORISSOFF, as Executor, etc., Plaintiff and Appellant, v. TAYLOR & FAUST et al., Defendants and Respondents.

Supreme Court of California.

July 15, 2004.

Attorney(s) appearing for the Case

Law Offices of Mattaniah Eytan, Mattaniah Eytan, Corte Madera, Howard Underwood and Andrea Widburg, for Plaintiff and Appellant.

Krieg, Keller, Sloan, Reilley & Roman, James C. Krieg, San Francisco, Allison Lane Cooper; Law Offices of Anthony P. David and Anthony P. David, San Francisco, for Defendants and Respondents Taylor & Faust and Leland H. Faust.

Law Offices of Joseph D. Joiner and Joseph D. Joiner, San Francisco, for Defendant and Respondent Burton McGovern.

WERDEGAR, J.

This case raises the question whether the successor fiduciary of an estate in probate may assert a professional negligence claim against attorneys retained by a predecessor fiduciary to provide tax assistance for the benefit of the estate. We hold the successor fiduciary may do so.

I. BACKGROUND

Testator Veronica M. Smith died on June 16, 1989, leaving two wills, one executed in 1983 and the other in 1987.1

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