Attorney/Client Communications- Fiduciary Exception for Trustee

[rosalindm]

What is the name of your state? Connecticut

I am trying to determine if there is a fiduciary exception for attorney/client privilege in Connecticut.

The trustee for my mothers trust has not been transparent and the probate judge hasn't really held her accountable in the past, which is frustrating.
Before the final accounting is submitted and I can review, I am trying to determine if I have the ability to request attorney/client communications between the trustee and her lawyer as it pertains to the administration of the trust. I have tried looking at the UTC and some case law, but not sure where would be the best place to look for this type of information or if there is a list of states that allow for this exception.

 

[Litigator22]

What is the name of your state? Connecticut

I am trying to determine if there is a fiduciary exception for attorney/client privilege in Connecticut.

The trustee for my mothers trust has not been transparent and the probate judge hasn't really held her accountable in the past, which is frustrating.
Before the final accounting is submitted and I can review, I am trying to determine if I have the ability to request attorney/client communications between the trustee and her lawyer as it pertains to the administration of the trust. I have tried looking at the UTC and some case law, but not sure where would be the best place to look for this type of information or if there is a list of states that allow for this exception.

A list of states recognizing a fiduciary exception to the attorney client privilege? Why the need to look beyond your sister state of Delaware?

Do you have any reason to doubt that the courts of your state would not follow the Delaware courts well-addressed ruling in Riggs National Bank of D. C. vs. Zimmer 355 A2d 709? There a comparable factual issue and opinion fully favorable for your purpose and objective.

 

[adjusterjack]

The trustee for my mothers trust has not been transparent

Let me guess. The trustee is a sibling with whom your relationship hasn't been under the best of terms for a long time.

I have tried looking at the UTC

Tried? How did you miss this: Sec. 45a-499kkk. Trustee's duty to inform and report.

Chapter 802c - Trusts (ct.gov)

Why do you have to make things so complicated? Decide SPECIFICALLY what you want to know, and write to the attorney and ask for it, reminding the attorney of that section of the trust code.

If you don't get reasonable accommodation, look into Sec. 45a-499ww. Removal of trustee.

Chapter 802c - Trusts (ct.gov)

Do you really think that's going to happen just because she is ignoring you?

You aren't going to be allowed to look over the trustee's shoulder and watch everything that she is doing.

 

[zddoodah]

I am trying to determine if there is a fiduciary exception for attorney/client privilege in Connecticut.

Not entirely sure what you mean by this, but there isn't anything that would reasonably fit that description. See Rule 5-2 of the Connecticut Code of Evidence.

The trustee for my mothers trust has not been transparent and the probate judge hasn't really held her accountable in the past, which is frustrating.

Your bald allegation that the trustee hasn't been "transparent" is meaningless. Is this a court supervised trust? Or is this coming before the court because someone (who?) has filed a petition for some purpose? Has it occurred to you that, since the court isn't doing anything about this, the trustee isn't doing anything inappropriate?

Before the final accounting is submitted and I can review, I am trying to determine if I have the ability to request attorney/client communications between the trustee and her lawyer as it pertains to the administration of the trust.

You presumably have the ability to request anything you like. Is there some reason why you wouldn't think you have the ability to make a request? Whether you have a legal right to receive such communications is, of course, an entirely different question. While there may be some procedural contexts in which you might be entitled to them, you don't have any sort of absolute right to them (even if you are a beneficiary).

Do you have any reason to doubt that the courts of your state would not follow the Delaware courts well-addressed ruling in Riggs National Bank of D. C. vs. Zimmer 355 A2d 709?

The reasons are that it's a different state and that the decision in question was rendered by a single-judge chancery court, and that decision has not been cited by any published Connecticut decision in the nearly half century since it was rendered.