Surviving Spouse Can Waive Decedent's Attorney-Client Privilege

Hohler v. Hohler, 185 Ohio App.3d 420, 2009-Ohio-7013. Prior to marriage the surviving spouse and decedent entered into a prenuptial agreement. A year later, the husband died. His will left nothing to the spouse. The surviving spouse attempted to void the prenuptial agreement, claiming the decedent failed to fully disclose his assets. The court of appeals determined that the surviving spouse has a statutory right to waive the husband's attorney-client privilege under Ohio Revised Code section 2317.02(A), even though the spouse is in a conflict of interest with her husband's estate. The court of appeals remanded the case to determine whether the attorney could protect his work product from the spouse, a question different from the attorney-client privilege issue.