Hempstead, NY asked in Estate Planning for New York

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.

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3 Lawyer Answers
Benjamin Z. Katz
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Answered
  • Estate Planning Lawyer
  • New York, NY
  • Licensed in New York

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

Richard William Cutler
Richard William Cutler
Answered
  • New York, NY
  • Licensed in New York

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.

Gary Lane
Gary Lane
Answered
  • Estate Planning Lawyer
  • Irvine, CA
  • Licensed in New York

A: Since a legally married couple are considered one legal entity for most purposes, I do not see grounds to keep one spouse from accompanying the other.

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