Consumer Law, Warranties trust beneficiary

[carolsweb]

If a trust beneficiary finds out that the trustee went to an attorney concerning the trust beneficiary's trust account, is the trust beneficiary entitled to find out what was discussed about his trust account. The trust beneficiary believes the trustee has made a blunder on his account and went to the attorney for advice. When the trust beneficiary asks for particular information on his account concerning this meeting with the trustee and the attorney, the trustee claims he does not have to discuss or give out any information regarding his meeting. The trustee claims he is protected from discussing his conversation with the attorney because of attorney/client privilege. This does not seem right. How can the trustee keep this type of information from the trust beneficiary? Can you help me find out if this true or not? Thanks.

Carol

 

[Michael Wechsler]

Good question. If a trustee went to the trustee's attorney to discuss a potential blunder, there is no question that there is an attorney-client privilege and there does not need to be any disclosure made to you about the contents of the conversation. It is privileged.

I'm assuming you are talking about the trustee going to the attorney of the trust and discussing an issue. Have you discussed the matter with the attorney rather than with the trustee? Remember that the trustee also owes a fiduciary duty to you as the beneficiary of the trust.