C's funds (PR): In MR vs CA, which statement is correct?

C's funds (PR): In MR vs CA, which statement is correct?

• A. MR: privilege survives death; CA: terminates when estate settled.
• B. MR: privilege terminates at death; CA: survives.
• C. Privilege survives in both MR and CA.
• D. Privilege terminates in MR and CA.

Answer: (A)

Attorney-client privilege for a decedent in probate hinges on who controls the right to keep communications confidential and when that protection ends as the estate is administered. Under MR, the privilege survives the client’s death. The decedent’s personal representative stands in the client’s shoes and can continue to rely on the privilege to keep communications with counsel confidential for the duration of estate administration. This ensures that legal advice given to manage and settle the estate remains protected from disclosure until the estate is fully settled. Under California rules, however, the privilege terminates when the estate is settled. Once probate closes and the fiduciary completes administration, there’s no ongoing client to protect; so the privilege does not extend indefinitely and communications may become discoverable unless another exception applies. So, the correct statement aligns with the idea that the privilege survives death under MR but terminates when the estate is settled under CA. The other options conflict with these established rules by asserting termination at death in MR, survival in California beyond settlement, or termination in both regimes.

Attorney-client privilege for a decedent in probate hinges on who controls the right to keep communications confidential and when that protection ends as the estate is administered. Under MR, the privilege survives the client’s death. The decedent’s personal representative stands in the client’s shoes and can continue to rely on the privilege to keep communications with counsel confidential for the duration of estate administration. This ensures that legal advice given to manage and settle the estate remains protected from disclosure until the estate is fully settled.

Under California rules, however, the privilege terminates when the estate is settled. Once probate closes and the fiduciary completes administration, there’s no ongoing client to protect; so the privilege does not extend indefinitely and communications may become discoverable unless another exception applies.

So, the correct statement aligns with the idea that the privilege survives death under MR but terminates when the estate is settled under CA. The other options conflict with these established rules by asserting termination at death in MR, survival in California beyond settlement, or termination in both regimes.