Richard Holzworth authored an article in JD Supra discussing the attorney-client privilege fiduciary exception in the commonwealth of Pennsylvania.
In re: Estate of William K. McAlee resulted in a 3-3 decision by the Pennsylvania Supreme Court. Rick points out how this split decision left "fiduciaries and beneficiaries — and the trusts and estates practitioners who represent them — still unclear about how trial courts will handle fiduciaries' objections to requests for information from beneficiaries on the basis of attorney-client privilege."
In this article, Rick analyzes the trustee's assertion of privilege, why the court quashed the appeal, and further explains the decree of the justices.
To read the full article, click here.