Wills, Estates & Trusts
Nov. 11, 2022
The holder of attorney-client privilege in different trust and estates contexts.
Just as with trustees, conservators, and guardians, the attorney-client privilege holder is the office of personal representative.
Victoria V. Tsylina
Shareholder
Lurie, Zepeda, Schmalz, Hogan & Martin, APC
Email: vtsylina@lurie-zepeda.com
Loyola Law School; Los Angeles CA
The question of "who holds the attorney-client privilege in probate matters?" is answered differently depending on the type of estate.
In trust estates, the trustee holds this privilege. The privilege is not specific to any individual trustee and is instead held by the trustee's office. Fiduciary Trust Int'l of Cal. v Klein, 9 Cal. App. 5th 1184, 1195-1197 (2017) (powers conferred on trustee are not personal but are inherent in tru...
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