Legal Question in Wills and Trusts in Florida

Can someone inquire about your will to you attorney if you are still alive? Wouldn't this breach client/attorney relationship? What if the person was a named beneficiary in the will but I don't want them to know that until I died?


Asked on 7/29/10, 3:59 pm

3 Answers from Attorneys

Marc J. Soss Marc J. Soss, Esquire

They may inquire, however they are not entitled to the requested information.

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Answered on 8/03/10, 4:53 pm

Without the person's permission, yes I believe it would be a violation of the Attorney/Client privledge.

However, there can be minor exceptions. As an example, if there is something in the Will that relates to something that person wants done. This would occur in the following situation: the person is unconscious and dying, you could disclose who is the named Personal Representative and if there are burial provisions or a provision concerning donating organs, then its possibly. This is in contemplation of their death and disclosure is needed to timely carry out their directions. It is "in the best interests of the client" and in compliance with the persons directions.

I can't see a situation that a beneficiary needs to know that they are a beneficiary until death of the person without the person's consent.

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Answered on 8/03/10, 7:20 pm
Lesly Longa Longa Law P.A.

The attorney must preserve attorney-client confidentiality and has a duty to do what is in his client's best interests. After you have passed away, anyone can get a copy of the will from the court after it's been filed, but not before. I would speak with the attorney to get his or her story about what happened if you have not already. Regards,

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Answered on 8/04/10, 3:19 pm


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