Q: My husband and sister in law are co trustees of their mothers (who recently passed away) trust. Their mother's attorney
Wants to have a meeting and my husband wanted me to join him the attorney advise my husband that legally he can only meet with the 2 trustees of the trust no 3rd parties allowed my husband was wondering if this is true as he did want me to attend with him and he does not like or trust his moms attorney and will probably be seeking his own council down the line.
A: If your husband and sister in law consent you can be allowed to attend. However, they must first understand how it impacts attorney-client privilege. I understand the attorney’s resistance but he should have explained it to your husband.
Nina Whitehurst agrees with this answer
A: The attorney may be concerned about privilege, since the lawyer-client privilege might not be effective where a third party (you) was involved in discussions. That aside, since your husband is a trustee, he can choose his own lawyer (who may or not be joint with his sister's lawyer). In fact, I am not sure what the mother's lawyer's position in this whole thing is.
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