Ruckelshaus v. Cowan

Federal 7th Circuit Court
Civil Court
Legal Malpractice
Citation
Case Number: 
No. 19-2770
Decision Date: 
June 28, 2020
Federal District: 
S.D. Ind., Indianapolis Div.
Holding: 
Affirmed

Dist. Ct. did not err in granting defendant’s motion for summary judgment, after finding that plaintiff’s 2017 legal malpractice claim was filed beyond applicable two-year limitation period. According to plaintiff, she instructed defendants-attorneys to provide her with future interest in her brother’s share of trust assets, subject to life estate held by brother’s wife, and record showed that she received documents detailing disbursement of trust in 1999. Moreover, while plaintiff asserted that she could not have known in 1999 that defendants failed to follow her instructions until death of brother’s wife in 2015, record showed that: (1) plaintiff signed retention letter that stated that trust assets were being distributed free and clear; and (2) plaintiff should have realized that something was amiss when she received trust principal outright in 2000.