Attorney estate planning malpractice action dismissed on statute of limitations grounds.

Plaintiffs filed a legal malpractice against defendants, an attorney and his firm, arguing that defendants negligently misrepresented tax consequences of using a trust in an estate plan, failed to use proper estate planning methods to avoid or minimize estate tax, and negligently drafted a power of attorney. The plaintiffs were children of a decedent who had employed defendants to implement his estate plan. The trial court dismissed the action on the grounds that the two-year statute of limitations had run. On appeal, the court affirmed. The court found that under the repose provision of 735 ILCS 5/13-214.3(d), the plaintiffs had two years from the date of decedent’s death to file their malpractice action. They did not file it until 3.5 years after his death. Another claim for aiding and abetting breach of fiduciary duty was properly dismissed under 735 ILCS 5/13-214.3(b), which required the plaintiffs to bring their action within two years of discovering their injury. Voga v. Nash, 2014 Ill. App. Unpub. LEXIS 684 (Ill. App. April 1, 2014).