Attorney-client privilege in the guardianship or probate context in Florida

Florida’s 3rd District Court of Appeal ruled, October 26, 2016, that the estate planning attorney for a deceased client must testify in an undue influence trial and will contest.  The attorney objected to answering questions about his client disinheriting children. The trial court ordered him to testify.

Vasallo v. Vasallo

• In Vasallo, Mr. Vasallo sought cert. review from Florida’s 3rd District of Appeal.  His petition was denied.
•  Not surprisingly, the Court recognized that Fla. Stat. 90.502(4)(b) is an exception, or a “carve out,” to the attorney client privilege which generally prohibits an attorney from testifying about client matters, even when the client is deceased.   The exception is when parties to a suit take from the same deceased person.
• Does this opinion merely re-state what the legislature has put in black and white in our evidence code?  Yea; pretty much.
• If you are faced with a probate appeal, feel free to call my partner, Rob Hauser, who is Board Certified in Appellate Law:  1-561-514-0900 Ext. 102.