Estates and Trusts - Fiduciaries - Attorney-Client Privilege

SB 131 clarifies that attorney-client privilege applies to communications between an attorney and a client who is also a fiduciary (such as an executor, trustee, or agent managing an estate or trust), even if the fiduciary uses trust or estate funds to pay for the legal services. This protects the confidentiality of legal advice for individuals managing others' money, including beneficiaries relying on those fiduciaries. The bill explicitly states that a fiduciary relationship between a fiduciary and a beneficiary does not automatically waive this privilege. The law will take effect October 1, 2026, and aims to prevent unintended disclosure of privileged communications when trust assets cover legal fees.