According to federal rules, what happens to attorney-client privilege after the client's death?

Attorney-client privilege is a fundamental legal doctrine that protects communications between a client and their attorney from disclosure in legal proceedings. This privilege is intended to encourage open and honest communication, allowing clients to share information freely without fear that it will be revealed later.

Upon a client’s death, the privilege does not automatically terminate. Instead, it continues to survive; the privilege extends beyond the client's death to ensure that their confidences remain protected. This is rooted in the principle that the confidentiality of the communication is essential for the client’s estate or beneficiaries.

The estate or the personal representative of the deceased client typically holds the privilege, meaning they can choose to enforce it or waive it. This ongoing protection serves to honor the privacy of the deceased client and allows for continuity in legal matters that may arise after their passing.

In summary, attorney-client privilege survives the death of the client, ensuring that their communications with their attorney remain confidential even after they are no longer living.