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Estate Planning › Attorney-Client Privilege

Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the... more +
Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the disposition of assets, guardianship of minor children, and appointment of representatives to make medical and financial decisions. Effective estate planning can decrease tax liability and facilitate the probate process.  less -
Winstead PC

Trustee’s Ability To Retain And Compensate Attorneys In Texas - Presentation

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David F. Johnson presented his paper titled “Trustee’s Ability To Retain And Compensate Attorneys In Texas” to the Texas State Bar’s 48th Annual Advanced Estate Planning and Probate Course on June 13, 2024, in Houston, Texas....more

Winstead PC

Co-Trustees Administering Trusts in Texas - Presentation

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David Johnson presented his paper on “The More The Merrier: Issues Arising From Co-Trustees Managing Trusts” to the Tarrant County Probate Bar Association on September 16, 2022. This presentation addressed the benefits and...more

Winstead PC

Advising Trustees Who Manage Closely-Held Business Interests - Presentation

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David F. Johnson presented “Advising Trustees Who Manage Closely-Held Business Interest” to the WealthCounsel webinar on June 30, 2022. Settlors often place some or all of the ownership in a closely-held business in a trust....more

Hinshaw & Culbertson - Lawyers' Lawyer...

Legal Ethics Trend – Representing Clients with Diminished Capacity

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The #FreeBritney movement catapulted the ethical challenges of conservatorships into the public eye. Pop icon Britney Spears, whose father was appointed as her conservator in 2008, stands at the center of this cultural...more

Downey Brand LLP

Are an Estate Planner’s Notes Protected by the Attorney Work Product Doctrine?

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California law is surprisingly unclear as to whether the notes of an estate planning attorney are protected from discovery by the attorney work product doctrine. This can become a big issue in a will or trust contest when the...more

Downey Brand LLP

Final Ethics Opinion Guides Lawyers on Clients with Diminished Capacity

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We wrote last July about a draft California ethics opinion regarding clients who may have diminished mental capacity. After receiving public comment, the State Bar’s Standing Committee on Professional Responsibility and...more

Winstead PC

The More The Merrier? Issues Arising From Co-Trustees Administering Trusts

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David Johnson presented his paper “The More The Merrier? Issues Arising From Co-Trustees Administering Trusts” to the State Bar of Texas’s Advanced Estate Planning and Probate Course on June 9, 2021. This presentation...more

Downey Brand LLP

Ethics Opinion Guides Lawyers on Counseling Clients with Diminished Capacity

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What are the ethical obligations of a California lawyer for a client with diminished mental capacity? The ethics committee of the State Bar of California answers this key question in draft Formal Opinion No. 13-0002, with...more

Holland & Knight LLP

IRS Fishing Expedition Is Successful and Raises Important Attorney-Client Privilege Concerns

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The attorney-client privilege is one of the bedrocks of the legal profession. It permits communications between a client and an attorney to remain privileged. The U.S. Supreme Court has stated that by assuring...more

Winstead PC

Trustees’ Ability To Retain And Compensate Attorneys In Texas - Presentation

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David F. Johnson presented his paper on “Trustees’ Ability to Retain and Compensate Attorneys in Texas” to the Texas Bar Association’s Fiduciary Litigation Course on December 10, 2020. This presentation discussed a trustee’s...more

Weintraub Tobin

Focus On Fiduciaries: What Fiduciaries Need To Know About The Attorney-Client Privilege

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Last month, my Weintraub colleagues and I had the pleasure of speaking at the Professional Fiduciary Association of California annual conference on the topic of the attorney-client privilege and its application to clients...more

Winstead PC

On Rehearing, Court Holds That Drafts Of Wills and Trust Documents Are Not Discoverable And Discusses The Attorney-Client...

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In In re Rittenmeyer, the mother of the decedent was the executor of his estate. No. 05-17-01378-CV, 2018 Tex. App. LEXIS 6647 (Tex. App.—Dallas August 22, 2018, original proceeding)....more

Holland & Hart LLP

Your Secret’s Safe with Your Estate Planning Attorney, Or Is It?

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A mother visits her attorney to discuss her estate plan. She expects that the conversations she has with her attorney will be forever confidential and privileged, particularly when she wishes to guard uncomfortable realities...more

Downey Brand LLP

Successor Trustee Gets Privileged Documents Even if Trust Says Otherwise

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The attorney-client privilege in California belongs to the office of trustee, not to the incumbent in that office, thus generally allowing successor trustees to obtain confidential communications that their predecessors had...more

Winstead PC

Court Holds That Drafts Of Trust Documents Are Discoverable And Discusses The Attorney-Client Privilege

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In In re Rittenmeyer, the mother of the decedent was the executor of his estate. No. 05-17-01378-CV2018 Tex. App. LEXIS 2812 (Tex. App.—Dallas April 19, 2018, original proceeding). ...more

Proskauer Rose LLP

Wealth Management Update - June 2017

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June Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-family Loans and Split Interest Charitable Trusts - The June § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs...more

Proskauer Rose LLP

Wealth Management Update - October 2016

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October Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - The October Section 7520 rate for use with estate planning techniques such as CRTs, CLTs,...more

Shumaker, Loop & Kendrick, LLP

Insights Newsletter - Spring 2015

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In This Issue: - The Importance of Accredited Investors for Small Business Capital Formation - “All Appropriate Inquiries”: Update on the Environmental Due Diligence Standard - A Hunt for Justice Erodes...more

JAMS

Florida statute provides confidentiality in disputes involving wills and trusts

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Which American president was the first to incorporate arbitration as a dispute resolution method in his will? Every lawyer swears an oath to maintain the secrets of clients. This is the client’s guarantee that when he...more

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