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4 Conn. Prob. L.J. 354 (1988-1989)

handle is hein.journals/qplj4 and id is 376 raw text is: KRAWCZYK v. STINGLE 208 Conn. 239, 543 A.2d 733 (1988) FACTS The plaintiffs, intended beneficiaries of two inter vivos trusts, sought damages for legal malpractice against the named defendant and her former employer. On Tuesday, March 8, 1983, Joseph C. Krawczyk, the decedent, met with defendant Kathleen D. Stingle, who was then employed as an attorney by defendant Trantolo & Trantolo, P.C. Krawczyk informed Stingle that he wanted to ar- range for the disposition of his estate because he was being admit- ted to the hospital for open heart surgery. Krawczyk's main con- cern was to avoid probate while providing for his brothers and sisters, his mother, and his daughter. Stingle suggested creating an inter vivos trust because it would avoid probate, but advised Krawczyk that a will would be less expensive and less complicated. Krawczyk decided to have the trust documents drafted. Accord- ingly, Stingle agreed to prepare the documents for Krawczyk to be signed the following Tuesday, March 15, and explained that she would need additional information, including the names of his banks, his account numbers, and a legal description of his real property. Krawczyk delivered some of the information on Friday, March 11, but did not deliver the remainder until March 15. As a result, Stingle could not complete the documents for Krawczyk to sign at that meeting. They agreed to meet the following Saturday, March 19. Krawczyk, however, suffered a massive heart attack on Thurs- day, March 17, and was unable to meet with Stingle because he had been placed in the intensive care unit at Hartford Hospital. When notified of this event, Stingle did not inquire further as to Krawczyk's condition nor did she proceed to complete the trust documents. The next afternoon, Stingle was notified that Krawczyk was extremely ill and she was instructed to bring the trust documents to the hospital. Stingle spent two hours complet- ing the documents and then brought them to the hospital where she was told by Krawczyk's physician that he could not be seen due to his deteriorating condition. Krawczyk died shortly thereaf-