Dead Men Tell No Tales, But Their Agents Might

Law360, New York (December 12, 2013, 7:01 PM EST) -- Estate planning often involves multiple professionals who must exchange confidential information regarding their clients’ affairs. The Illinois Court of Appeals provides an insightful opinion regarding when such privileges terminate, who can waive them after the client’s death, and what actions, if any, would put confidential information “at issue” and thus make discoverable.

When an estate planning client dies, the attorney-client privilege continues to bind the attorney regarding communications with third parties, just as it did while the client lived. What does change upon the death of...
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