IN THE MATTER OF JANE TIFFANY LIVING TRUST

Nos. 45248, 45874, 46983.

177 P.3d 1060 (2008)

In the Matter of the JANE TIFFANY LIVING TRUST 2001, U/A/D NOVEMBER 5,, 2001. William Ricks, Individually, Appellant, v. Phillip J. Dabney, Trustee of the Trust of Jane Tiffany, Respondent. In the Matter of the Jane Tiffany Living Trust 2001, u/a/d November 5, 2001. William Ricks, Individually, Appellant, v. Phillip J. Dabney, Trustee of the Trust of Jane Tiffany, Respondent. Josephine Ricks, Appellant, v. Jane Tiffany Living Trust 2001, a/k/a Peninnah J. Tiffany Living Trust, and Phillip J. Dabney, Trustee of the Peninnah J. Tiffany Living Trust, Respondents.

Supreme Court of Nevada.

March 6, 2008.


Attorney(s) appearing for the Case

Kenneth G. Frizzell III, Las Vegas, for Appellants.

Goldsmith & Guymon, P.C., and Dara J. Goldsmith, Las Vegas, for Respondents.

BEFORE HARDESTY, PARRAGUIRRE and DOUGLAS, JJ.


OPINION

By the Court, DOUGLAS, J.

In these consolidated appeals, we consider whether an attorney, whose law firm partner prepares an estate plan for a client who names the attorney as a beneficiary, has overcome the presumption of undue influence. We further consider whether violations of the Nevada Rules of Professional Conduct afford a private right of action. Finally, we address whether the district court erred in dismissing a civil action for...

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