Lauren A. Morris has published her article, Your Secret’s Safe with Your Estate Planning Attorney, Or Is It?, on Holland & Hart’s website. Her article begins as follows:
A mother visits her attorney to discuss her estate plan. She expects that the conversations she has with her attorney will be forever confidential and privileged, particularly when she wishes to guard uncomfortable realities from her family members, such as her desire to disinherit her son. Upon the mother’s death, her disinherited son figures out that he is in fact removed from her estate plan. Here we have the classic scenario in which a snubbed child wants to challenge the provisions in the estate plan to prove that the decedent did not intentionally fail to provide for him. But with the mother now deceased, how do we determine her actual intent?
Posted by Lewis J. Saret, Co-General Editor, Wealth Strategies Journal.