Zook v. Pesce

In 2008, twenty-two days before his death, Decedent amended his 2007 Living Trust. Petitioner, Decedent’s daughter, filed a complaint for inspection of records questioning the validity of the 2008 Living Trust. Petitioner subsequently requested access to a copy of the 2007 Living Trust. The trial court denied the request, finding that the unamended trust was subject to the attorney-client privilege. Thereafter, trial court found that the revisions to Decedent’s 2007 Living Trust were fair and reasonable. The court of special appeals affirmed. The Court of Appeals affirmed, holding that the trial court erred by failing to require that Decedent’s attorney produce the 2007 Living Trust pursuant to the testamentary exception to the attorney-client privilege, but the error was harmless. View "Zook v. Pesce" on Justia Law