Barefoot v. Jennings and its Impact on Standing in Trust Disputes

A former beneficiary and named successor trustee who had been disinherited and removed from trustee [..]

Many trustees employ counsel to provide advice on dealing with and responding to inquiries from beneficiaries. Trustees may believe that their communications with and advice from counsel are confidential and cannot be disclosed to the beneficiaries without their consent. The recent court decision in Fiduciary Trust International of California v. Klein (2017) 9 Cal. App. 5th 1184 is a cautionary tale that warns trustees against assuming that all communications with an attorney are confidential.

Jerry A. Kasner Estate Planning Symposium