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Maryland bill would codify attorney‑client privilege for trustees and other fiduciaries

House Judiciary Committee · January 28, 2026
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Summary

House Bill 65 would make clear that attorney‑client privilege covers lawyers who advise fiduciaries — trustees, personal representatives and agents under powers of attorney — aiming to prevent litigation over whether beneficiaries can access those communications.

Delegate John Carden introduced House Bill 65 on Jan. 28 before the House Judiciary Committee, saying the measure would "eliminate the uncertainty" about whether attorney‑client privilege applies when attorneys advise fiduciaries such as trustees and personal representatives. "This," Carden said, "allows fiduciaries to be candid and thorough when discussing legal issues with their attorney."

The bill is sponsored by the Estates and Trusts section of the Maryland State Bar Association. Kelly Friederati,…

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