SC21001 - Wisniewski v. Palermino ("Today we are called on to consider
the scope of an attorney’s liability to third-party beneficiaries of a will. The plaintiffs, two of decedent Edward
Wisniewski’s grandchildren, Emma Wisniewski and
Madelyn Wisniewski, and his friend, Barbara Saccardo,1
brought this action alleging professional negligence and
breach of contract by the defendants Anthony J. Palermino, an attorney, and his law firm, the Law Office of
Anthony J. Palermino, LLC, in connection with estate
planning work performed by the defendant for Wisniewski in April, 2018.2 The plaintiffs alleged that Wisniewski
retained the defendant to draft a will that would transfer
his interest in his TD Ameritrade security account, valued at $845,367.57, in five equal shares to them, to Wisniewski’s daughter, Joanna Cooper, and to Joanna
Cooper’s child. Wisniewski died the next month. Joanna
Cooper—the only designated beneficiary on the account—
received the entire amount pursuant to the beneficiary
designation on file with TD Ameritrade.3 The plaintiffs
alleged that the defendant was professionally negligent
for failing (1) to advise Wisniewski that he needed to
change the TD Ameritrade account’s beneficiary designation so that the account’s assets would pass through
Wisniewski’s estate in accordance with the will, and
(2) to ensure that the account’s beneficiary designation
was in fact changed. The plaintiffs also alleged that
the defendant breached his contract with Wisniewski
because he did not draft the will in accordance with
Wisniewski’s wishes. The trial court ultimately dismissed
the plaintiffs’ claims. On appeal, the plaintiffs argue
that the trial court erred in dismissing both claims.
We agree that the trial court improperly dismissed the
plaintiffs’ professional negligence claim. We conclude,
however, that the trial court properly dismissed the
plaintiffs’ breach of contract claim.")