News & Analysis as of

Attorney-Client Privilege Trusts Estate Planning

Winstead PC

Presentation: Issues Involving the Attorney-Client Privilege and Trustees in Texas

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The law of trusts originated in equity to evade the constraints of common law; it was a part of property law in which one person held legal title to assets and another held equitable title. The person holding legal title...more

Downey Brand LLP

Godoy v. Linzner and the Lawyer’s Duty to Shut Down a Bad Idea

Downey Brand LLP on

Under universally accepted law, across every jurisdiction, lawyers owe vital and concrete duties to their clients.  The duty of confidentiality.  The duty of loyalty.  The duty to disclose.  And, greatest of all, the duty to...more

Winstead PC

Trustee’s Ability To Retain And Compensate Attorneys In Texas - Presentation

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David F. Johnson presented his paper titled “Trustee’s Ability To Retain And Compensate Attorneys In Texas” to the Texas State Bar’s 48th Annual Advanced Estate Planning and Probate Course on June 13, 2024, in Houston, Texas....more

Winstead PC

Co-Trustees Administering Trusts in Texas - Presentation

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David Johnson presented his paper on “The More The Merrier: Issues Arising From Co-Trustees Managing Trusts” to the Tarrant County Probate Bar Association on September 16, 2022. This presentation addressed the benefits and...more

Downey Brand LLP

Are an Estate Planner’s Notes Protected by the Attorney Work Product Doctrine?

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California law is surprisingly unclear as to whether the notes of an estate planning attorney are protected from discovery by the attorney work product doctrine. This can become a big issue in a will or trust contest when the...more

Weintraub Tobin

Focus On Fiduciaries: What Fiduciaries Need To Know About The Attorney-Client Privilege

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Last month, my Weintraub colleagues and I had the pleasure of speaking at the Professional Fiduciary Association of California annual conference on the topic of the attorney-client privilege and its application to clients...more

Winstead PC

On Rehearing, Court Holds That Drafts Of Wills and Trust Documents Are Not Discoverable And Discusses The Attorney-Client...

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In In re Rittenmeyer, the mother of the decedent was the executor of his estate. No. 05-17-01378-CV, 2018 Tex. App. LEXIS 6647 (Tex. App.—Dallas August 22, 2018, original proceeding)....more

Proskauer Rose LLP

Wealth Management Update - October 2016

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October Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - The October Section 7520 rate for use with estate planning techniques such as CRTs, CLTs,...more

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