MarylandSB 01312026 Regular SessionSenate

Estates and Trusts - Fiduciaries - Attorney-Client Privilege

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

Attorney client privacy for fiduciaries and agents

Beginning October 1, 2026, an "agent" under Maryland law counts as a fiduciary. Talks between a lawyer and a client acting as a fiduciary stay private, even if the estate or trust pays the lawyer, unless the client waives it. A fiduciary’s tie to a beneficiary does not, by itself, waive that privacy. Agents who act as fiduciaries must follow fiduciary duties and standards.

Sponsors & Cosponsors

Sponsor

Chris West
Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 163 • No: 0

House vote • 4/3/2026

Third Reading Passed

Yes: 119 • No: 0 • Other: 9

Senate vote • 2/26/2026

Third Reading Passed

Yes: 44 • No: 0

Actions Timeline

Approved by the Governor - Chapter 500
5/12/2026
Returned Passed
4/6/2026Senate
Third Reading Passed (119-0)
4/3/2026House
Favorable Adopted Second Reading Passed
4/2/2026House
Favorable Report by Judiciary
4/2/2026House
Referred Judiciary
2/27/2026House
Third Reading Passed (44-0)
2/26/2026Senate
Second Reading Passed
2/24/2026Senate
Favorable Adopted
2/24/2026Senate
Favorable Report by Judicial Proceedings
2/23/2026Senate
First Reading Judicial Proceedings
1/14/2026Senate
Hearing 1/22 at 1:00 p.m.
1/13/2026Senate
Pre-filed
10/21/2025Senate

Bill Text

Enacted
5/12/2026
PDF
Third Reading
2/24/2026
PDF
First Reading
1/14/2026
PDF

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