Estate & Trust Case Focusses on Accountant’s Estate Planning Documents: who gets to see them ?
This is an Illinois trust and estate case of a probate litigation attorney being held in contempt by the court over estate planning documents. Why?: the lawyer refused to produce estate planning documents held by his client, an accounting firm. Before you think this is really bad, consider that Florida’s Evidence Code, which Palm Beach estate litigators use every day, has exclusionary rules of Florida evidence. Florida law has certain legal privileges which exist which permit a service provider like an accounting firm with estate planning documents, to not disclose or produce those documents, except to the person who holds the Florida privilege, or as ordered by a Court. If you are involved in an inheritance lawsuit in Palm Beach or a Palm Beach probate, and if beneficiaries or others are trying to discover, or get Florida estate planning documents, you should consider reading this Illionois appeals court opinion.
- Illinois: big estate inheritance case: trustee of the a revocable trust, a family trust, an estate, an executor (personal representative)
- An attorney for an accounting firm was found to be in direct civil contempt of court.
- He refused to comply with a discovery order.
- The discovery order required the probate litigator to turn over documents having to do with estate planning services
Probate Litigator Claims Accountant Client Privilege
- The probate litigator who represented the accounting firm claimed the accountant-client privilege to protect those documents from disclosure in a judicial proceeding.
Florida Has Accountant Client Privilege In Probate Lawsuits !
- Surprised? Don’t be:
- Florida has a similar law.
- This law helps people who hire accountants and can pertain to income tax information, estate tax information and also estate planning documents.
Exception for Will Contests
- There can be an EXCEPTION to the privilege to not disclose estate planninging documents based upon the accountant-client privilege.
- One exception: a challenge to a mother’s will.
- So called “testamentary exception”
- The personal representative and heirs can waive the privilege in the interest of her estate
Result: discovery order OK, contempt order vacated. Sounds like the probate litigator was doing nothing different than an experienced and serious Palm Beach probate litigator would do: claim the privilege and let the Probate Court decide what your client should do. A probate litigator must protect his or her client, must follow the law and must obey orders from the Probate Court. Otherwise, that’s why contempt hearings are held.