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CARLSON v. SWEENEY, DABAGIA, DONOGHUE, THORNE, JANES & PAGOS

No. 46S05-0801-CV-27.

895 N.E.2d 1191 (2008)

Norman R. CARLSON, Jr., Individually and As Executor of the Estates of Norman R. Carlson and Hilda D. Carlson, Deceased, and As Trustee of the Trusts Established Under the Last Wills and Testaments of Norman R. Carlson and Hilda D. Carlson; Margaret Ann Carlson; Beth Carlson Montigue; and David R. Carlson, Appellants (Plaintiffs below), v. SWEENEY, DABAGIA, DONOGHUE, THORNE, JANES & PAGOS; and John H. Sweeney, Appellees (Defendants below).

Supreme Court of Indiana.

October 21, 2008.

Attorney(s) appearing for the Case

Scott A. Weathers, The Weathers Law Office, P.C., Indianapolis, IN, Attorney for Appellants.

Robert G. Devetski, Barnes & Thornburg LLP, Indianapolis, IN, Attorney for Appellees.

RUCKER, Justice.

Arising in the context of a legal malpractice action, this case involves the reformation of trust provisions in two wills to comport with the testators' intent to avoid adverse federal estate tax consequences. We hold the trusts were properly reformed to include ascertainable standards in accordance with the Internal Revenue Code.

Facts and Procedural History

In 1988, Norman R. Carlson, Sr., and his wife Hilda Carlson (referred to...

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