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Did You Not Notice? Protecting Lawyers and Trustees from Beneficiary Complaints

Nov 11, 2020
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HBZ Marketing
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Event Date:

Nov 11, 2020 12:00 PM

Speaker:

John Hartog & Ryan Szczepanik

Ryan Szczepanik presented at The Tax & Planning Forum. Topics discussed included:

  • Staying Out of Litigation by Complying with Trustee Duties
    • Wading into Litigation: The Notice of Hearing
    • Inadequate Disclosure in Notice
  • Potential Escape Valve – Guardian Ad Litem
    • Mental Capacity
    • Communication, Disclosure, and Information Exchange

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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.