Third DCA Compels Estate Planning Attorney to Testify: Florida Statute 90.502(4)(b)

On October 26, 2016, Florida’s Third District Court of Appeal ruled that an estate planning attorney for a deceased client had to 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.  If you are involved in an inheritance dispute or trust and estates litigation, you may want to read Vasallo v. Bean.

 

Vasallo v. Bean

• Here, Mr. Vasallo sought certiorari review from Florida’s third District Court 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.
• Palm Beach probate litigators know that 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?
• If you are faced with a probate appeal, you may wish to contact Robert Hauser, a partner at Pankauski Hauser PLLC in West Palm Beach, who is Board Certified in Appellate Law:  1-561-514-0900 Ext. 102