Do I Have a Right to Privacy with my Estate Plan?

Generally, yes. The courts are very protective of this right, but only until you reach the age of 65. After that, the courts are hesitant to enforce your right to privacy if they believe that you may be the subject of elder abuse.

This is predominantly seen with conservatorships (which are for anyone over 18, but much more commonly for people over the age of 65). In conservatorships, a formal accounting of all of your assets is filed in the court's public record for all to see. Of course, most people won't care what assets you have, but still, your family and potential beneficiaries will be able to see, and may initiate litigation (which will cost you money) based on these accountings.

Elder abuse actions, though they are typically, may not always be confidential. In fact, some judges will allow people that lack standing to bring elder abuse actions to continue to bring such actions out of concern for protection of the elder.

For these reasons, while you do have a right to privacy, sometimes that right will give way if your estate plan has not been properly established and implemented--but at least it is for the purpose of protecting you.

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