Imagine your father told you for years that the family cabin would go to you and your sister. After he passes, his will says something different, and you suspect his lawyer made a mistake. Can you hold that lawyer responsible? In Colorado, the answer is usually no, but a few exceptions may still give you a path forward. Here is how the rule works and where it stops.
Colorado’s strict privity rule for estate lawyers
Privity is a legal term for a direct relationship, like the one between a lawyer and the client who hired them. Under Colorado’s strict privity rule, a lawyer generally owes duties of loyalty and care only to that client. When your parent hired a lawyer to write a will, your parent was the client, not you.
The Colorado Supreme Court reaffirmed this rule in 2016 when it refused to let beneficiaries sue the attorneys who drafted their father’s estate plan. Many other states allow some of these claims, so Colorado’s approach is stricter than most people expect.
Exceptions for fraud and negligent misrepresentation
Still, the rule has limits. A lawyer may be liable to a non-client for fraud or another malicious or wrongful act, including negligent misrepresentation. Negligent misrepresentation means carelessly giving someone false information that they rely on, and Colorado courts usually look for it in a business setting. A simple drafting error in the will typically won’t qualify by itself.
Claims the estate may bring on your parent’s behalf
Even if you can’t sue directly, the estate might. Colorado law lets most legal claims survive after a person dies, and the personal representative, the person who manages the estate, can pursue them. If the lawyer’s mistake harmed your parent or the estate itself, such as through avoidable taxes or court costs, the personal representative may be able to bring a claim. Whether this works depends on what went wrong and who suffered the loss.
Records can help you identify the right claim
Before you assume nothing can be done, gather the will, any earlier versions, your parent’s notes or emails about their plans and anything the lawyer told you directly. These records can help show whether you are dealing with a drafting mistake, a misrepresentation or harm to the estate. Each type of claim generally has its own deadline, so figuring out which path fits your situation early can keep more of your options open.