v. Rabin

Summary

The court held that a decedent's complete legal files are not estate property subject to possession by a personal representative under the Probate Code, except for documents having intrinsic value or directly affecting valuable rights. The decedent, not the personal representative, remains the holder of the attorney-client privilege after death, but appointing a personal representative impliedly waives the privilege as to communications necessary to administer the estate. The lawyer's duty of confidentiality likewise permits disclosure of information necessary for estate administration but does not permit production of the decedent's complete legal files without informed consent. The court reversed the court of appeals and remanded for further proceedings.