Estate Planning and Attorney-Client Privilege: What’s the Rule? The Value?

When it comes to estate planning and attorney-client privilege, many don’t understand the rules or value.

Let’s take a deeper look at estate planning and attorney-client privilege.

Attorney-client privilege is a term frequently referenced in TV shows and movies. Most people understand it means attorneys cannot disclose conversations held with clients to anyone. Consequently, attorneys cannot be called to testify in courts of law.

Thus, you may wonder what value attorney-client privilege has in estate planning. When and where does it come into play?=

Understanding Attorney-Client Privilege

As I mentioned, attorney-client privilege relates to the confidentiality of information shared between a lawyer and their client. This rule also applies to an attorney’s staff, such as a legal assistant, paralegal, or co-counsel. Anything a client shares with the attorney’s staff is also privileged. In this way, a relationship founded upon honesty and trust can be developed which is essential for success.

Family Members Are Not Entitled To Privileged Information

In the case of estate planning, many questions come up about attorney-client privilege. We assure our clients everything said is protected. Furthermore, even if family members call and ask for information, it won’t be given. This is what happens most often. Once a will or estate plan has been drafted, a family member might call and ask to know the details of the will. Their efforts are in vain due to the attorney-client privilege.

Attorney-Client Privilege Extends Beyond Death

Once a client passes away, family members, heirs and beneficiaries often want to know why the client made certain decisions about how their assets were disbursed. That is privileged information that the attorney is not at liberty to discuss. Neither attorneys, nor their staff members are at liberty to share secrets, disclose legal advice, or gossip about any sensitive client information.

Exceptions to Attorney-Client Privilege In Estate Planning

There are a few exceptions, as it relates to attorney-client privilege after the client’s death. First, an attorney can repeat information to a client’s family and loved ones if the client has given the attorney permission to do so. For example, if a client creates a trust for a specific purpose; the client may give the attorney permission to talk to the trust beneficiary about why the trust was formed and what the client hoped to achieve.

Also, if a client is concerned about sharing the reasoning behind their estate planning decisions, they might consider leaving a Letter of Instruction, sometimes known as an ethical will or legacy letter, with their estate planning documents. The Letter of Instruction is a non-legal document through which a client can share personal stories and personally communicate hopes and values, and/or explain the intentions of the estate plan.

A second exception is waiving attorney-client privilege by having a non-client in the room while the attorney is sharing legal advice with their client. Because the conversation is not strictly between the attorney and the client, the information is no longer confidential and, therefore, not protected by attorney-client privilege.

A third exception relates to competency. If someone is challenging a will or other estate document based on the client’s capacity at the time of signing, the attorney can speak to the client’s competency. However, he or she cannot share the details of their conversations. The attorney can only talk about whether the client was competent in drafting the estate documents.

Are you ready to create an estate plan with attorney-client privilege?

If so, you can be assured that anything you share is protected. This includes info about your assets, distribution of assets and contents of the documents we draw up. All will be protected under attorney-client privilege unless you decide otherwise.

Give my office a call today at 404-370-0696.

Looking to find an experienced estate lawyer in the Georgia area who is skilled in asset protection and estate plan preparation? Shannon Pawley is an attorney in Georgia with expertise in estate planning and asset protection. Shannon can provide assistance with creating an estate plan to include making a will and how to establish a trust properly. If you have questions about asset protection or questions about making an estate plan, reach out to Shannon and she will be glad to help answer all the estate planning questions you might have!

Connect With Us

Strategy Session

Stacy McKenzie

21:58 07 Feb 24

Shannon and her team were great. Went in for a consultation and got my money worth. She explained and made sure we understood. I will be using them in the future.

Diane J

23:10 24 Jan 24

Waheed Hamid

18:55 17 Dec 23

We had excellent service from Shannon and her team, they are true professionals and helped us and explained every step in the process. We highly recommend The Estate and Asset Protection Law Firm.

Virgil Price Young

20:16 18 Jul 23

Stephanie Deal

15:22 07 Jul 23

My father and I recently used the estate, an asset protection, law, firm for new wheels, new, power of attorney’s, and a creation of a trust. Brooke and her entire team could not have been more helpful and more professional! We loved working with them, and they took everything seriously therefore I didn’t have to worry about a thing. I highly recommend everyone at the law firm.

Barry Amos

01:22 01 Jul 23

Great firm. Had answers to all our questions and explained everything clearly. Never felt rushed to make a decision Could not ask for a better experience. Every one we dealt with was professional and knowledgeable. We highly recommend this firm for estate planning.

Lee Jay

21:30 28 Jun 23

Shannon provided invaluable information regarding a family estate matter. Although her firm did not quite fit our immediate needs, the consultation was informative and extremely HELPFUL! Shannon clearly explained what our next steps should be and offered to assist if we had any questions along the way. Her expertise and willingness to help puts her in a league of her own!

Alice Guppy

02:01 23 Jan 23

Shannon and everyone at The Estate and Asset Protection Law Firm are professional, very knowledgeable, and a pleasure to work with. They answered all our questions in great detail and the plan they developed for us is exactly what we need to protect our assets and estate as we age especially with my husband's health issues.

Lynn McKibbin-Moore

23:09 24 Feb 22

My husband has dementia. This firm has been patient, kind and professional while we went through a move from a house of 37 years in to a condo to be closer to my daughter and her husband. (Miami to Atlanta). There was also a wedding. All in 6 months.We now have a trust, power of attorney. Wills for my daughter and her husband and more. All at a fair price. I could not recommend higher.

Tammy Lee

22:03 29 Jan 22

Shannon Pawley and her team are exceptional at helping families navigate tough situations. We began working with her upon finding out my father had Stage 4 kidney cancer. His decline was more rapid than expected.Attorney Pawley and her entire team expedited paperwork that allowed me to focus on my father’s care, make decisions that suddenly needed to be made for him medically and financially, and has allowed me the ability to focus more on grieving and less on legal matters upon his passing.It is obvious she is knowledgeable about the best ways to navigate estates to protect the assets for the owners and their loved ones. It is just as obvious that she is passionate and has true heart for what her clients go through.We will be using her for own estate needs, and I recommend her expertise to everybody I can.This service is worth every penny we paid as it has saved us more money and time than I could imagine.

H Jessie Brewer

18:26 18 Nov 21

Attorney Shannon Pawley and paralegal Alexis McCoy are legal professionals that my wife and I highly recommend. Their grasp of the Georgia law pertaining to Medicaid assistance and the interworking's of the State department is exceptional. Additionally, their client-attorney relationship skills are excellent. We wouldn't hesitate to use this law firm again should the need arise.

Dawn Hardy

15:06 13 Nov 21

Shannon and her team are the best! They listened to my needs and provided the best advice. They are patient and professional as well as personable, they didn't make me feel like I was just another client. Highly recommend!