Estate's sole beneficiary claims O'Brien Law Group breached its fiduciary duty

By Jenie Mallari-Torres | Feb 15, 2019

CHICAGO — A beneficiary is suing law firm O'Brien Law Group PC and attorney Therese O'Brien, citing alleged breach of fiduciary duty and negligence.

Dawn Eckstein filed a complaint on Jan. 28 in Cook County Circuit Court against the defendants, alleging they failed to properly administer an estate.

According to the complaint, the estate of Paul R. Schuldt has suffered excessive taxes, penalties and interest to the detriment of Eckstein, as the sole beneficiary of the estate. The complaint said she has also suffered additional damages such as attorney's fees, accounting fees, other administrative costs and fees, and taxes and penalties, as a result of the alleged negligence of the defendants in administering the estate of June Rose Schuldt, following the death of June Rose Shuldt, Paul R. Schuldt's wife and plaintiff's mother, in 2011. 

The plaintiff alleges the defendants failed to open probate estate; failed to perfect and effectuate disclaimers for the property; failed to advise that disclaimers not perfected and effectuated would result in significant tax liability; failed to determine, declare, calculate and timely pay estate taxes; and created assignments of the properties instead of disclaimers.

The plaintiff requests a trial by jury and seeks judgment against defendants in excess of the limits of the court, plus costs incurred. She is represented by Elliot Schiff and Mark Schramm of Schiff Gorman LLC in Chicago.

Cook County Circuit Court Case No. 19-L-971.

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