Estate and Elder Law

Recent Posts

Michael T. Flannery on Attorney Client Privilege and Native American Trusts
Posted on 12 Jul 2010 by Michael T. Flannery

In this Analysis, Professor Michael T. Flannery addresses the "fiduciary" exception to attorney client privilege related to representing clients in their fiduciary capacity as trustees, specifically discussing the application of the fiduciary... Read More

Attorney-Client Privilege Does Not Protect Wife from Disclosure of Documents Regarding Joint Estate Plan with Husband
Posted on 23 Mar 2011 by Peter K. Kelly

In a pending probate proceeding, the potential objectants sought disclosure from the surviving spouse and the decedent's accountant, who were the preliminary executors, of copies of two letters from the draftsman to the decedent and the draftsman's... Read More

Must A Living Person Disclose Their Estate Plan: The Limits of NY CPLR § 4503
Posted on 6 Jan 2014 by Jennifer Hillman

By Jennifer F. Hillman, Esq. Most communications between an attorney and client are privileged pursuant to New York Civil Procedure Act (“CPLR”) § 4503. There is, however, a carve-out in proceedings concerning the probate, validity... Read More

Michael T. Flannery on Attorney Client Privilege and Native American Trusts
Posted on 12 Jul 2010 by Michael T. Flannery

In this Analysis, Professor Michael T. Flannery addresses the "fiduciary" exception to attorney client privilege related to representing clients in their fiduciary capacity as trustees, specifically discussing the application of the fiduciary... Read More