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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Estate Law
Satisfied Customers: 17893
Experience:  B.A.; M.B.A.; J.D.
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The probate atty for my ex's estate told me he did ex's will

Customer Question

The probate atty for my ex's estate told me he did ex's will and estate planning. He was not involved with our divorce in any way and, in fact, did not even know ex at time of divorce. He is involved with my creditor claims simply b/c he was hired to handle the probation of ex's estate.
Q. How can he claim confidentiality & atty-client privilege as reasons to deny all my requests for documents, including all docs and info from ex's accounts at various banks, trust accts., IRAs, pension acct(s), ins. annuity w. death benefits, all of ex's business info. (he had a solo med. practice and atty said ex was an independent contractor and therefore was not permitted to have a retirement acct. with the clinic), etc.
Submitted: 2 months ago.
Category: Estate Law
Expert:  Phillips Esq. replied 2 months ago.

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 2 months ago.

If you are requesting this information in your capacity as one of the creditor's of the estate and you have officially filed your claim and you are making a formal request for production of documents, then the Attorney must release the information to you. Otherwise, you need to file Motion with the Court to compel him to release the information to you. He cannot use confidentiality and attorney-client privilege to deny you the information being requested.

Customer: replied 2 months ago.
He cannot use confidentiality and attorney-client privilege to deny you the information being requested.Q.Are you saying that he cannot deny just the specific information I listed above? If so, what info can he claim as privileged? SCR of profess. conduct seem to say that just about any info can be denied to the other parties.Judge allowed me to motion to compel, but for only info pertaining to the 2 claims atty was denied sum. judg. I motioned to compel for just those 2 claims.
Judge granted sum. judg. on the main claims even tho I stated I didn't have the necessary docs to prove my claims b/c of no doc production. It's those claims that I want docs for. Judge denied my legal rt., as a pro-se, to subpoena. I'm so lost.SCRPConduct lists
Expert:  Phillips Esq. replied 2 months ago.

He can claim Attorney-client privilege regarding work product, discussions he had with his Client when he was preparing the estate planning documents.

Customer: replied 2 months ago.
are you saying that he cannot deny just the SPECIFIC information I listed above?Can u PLEASE provide me with rules, laws, a case, anything that says what you have said so that I can cite it in my motion to reconsider sum. judgment order?

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