Lawyers in the Middle: Between Trustees and Beneficiaries, to Whom is Owed the Duty of Confidentiality?

By Anita Schnee, JD on Dec 8, 2020 10:59:00 AM

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Suppose you are hired by a trustee or executor to assist in trust or estate administration. Then a beneficiary calls you, wanting information about what the trustee or executor is up to.

This poses a dilemma. How much information are beneficiaries entitled to? The issue rests on the chassis of attorney-client confidentiality. Where attorneys have a relationship with fiduciaries; and the fiduciaries, in their turn, owe a duty to beneficiaries; how far does the attorney-client privilege extend?

Some jurisdictions have adopted a doctrine known as the “fiduciary exception” to the attorney-client privilege. This holds that beneficiaries have the right to disclosure of legal advice as it relates to fiduciaries’ conduct in administering their fiduciary duties.

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Current Developments in Estate Planning and Business Law: November 2020

By WealthCounsel Staff on Nov 23, 2020 4:33:37 PM

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From the imposition of transferee liability for estate taxes to actions arising from the misclassification of workers, we have seen significant developments in estate planning and business law. To ensure that you stay abreast of these legal changes, we have highlighted a few noteworthy developments and analyzed how they may impact your estate planning and business law practice.

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FAQs about GRATs, Answered

By WealthCounsel Staff on Nov 13, 2020 10:00:00 AM

FAQ

A grantor retained annuity trust (GRAT) is an advanced estate planning tool used to reduce an individual’s taxable estate by passing assets to trust beneficiaries free of estate and gift tax. However, like any advanced estate planning tool, GRATs can be complicated and must be structured properly to be beneficial. Dive into the following questions and answers to develop a better understanding of how GRATs work and how they may be useful for estate planning clients.

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