Q: Can attorney executor that prepared and witnessed a will claim privilege when a beneficiary questions his due diligence?
The executor is an attorney who also prepared and witnessed her will. It states "to hereby give, devise and bequeath to my son all of my ownership interests in the home to be his absolutely and in fee simple." where I have lived and made mortgage payments for 20 years. He nullified this as he made the deed with a survivorship clause. This cost me thousands of dollars in an estoppel lawsuit against my father for trying to sell my home if I don't give him the funds of the IRA I inherited. I asked the attorney "why did you fail to advise her that you would nullify her last wishes?". His response was "you are asking about privileged client communications, for which you have no right to receive details. I did not fail to have sufficient discussions with my client concerning her Last Will, and you have no basis to so contend. I am and remain comfortable and confident that [her name] knew and understood the scope of the Last Will she signed on [date], and the contents and effects thereof."
A: If a lawsuit was filed and the attorney was deposed or was to testify, it is not likely that the privilege objection would be upheld.
Timothy Denison agrees with this answer
A: You should have the file reviewed by an independent probate attorney who can give you his opinion on the propriety of the actions of the estate attorney.
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