Source: The New York Times
Who This Article Is For
This article is written for California residents and anyone managing California-based assets who values transparency, family protection, and understanding how high-profile legal cases can inform their own estate planning and asset protection strategies. If you’re concerned about:
Then this analysis will help you understand the legal mechanisms at play and how they might apply to your own situation.
What Happened: Maxwell’s House Deposition
On February 9, 2026, Ghislaine Maxwell refused to answer questions during a House deposition regarding her connections to Jeffrey Epstein’s alleged criminal activities. According to The New York Times, Maxwell invoked her Fifth Amendment rights and other legal privileges to avoid providing testimony about:
This development has raised significant questions about legal privilege, asset protection, and how individuals connected to high-profile cases navigate congressional inquiries.
Why Did Maxwell Refuse to Answer Questions?
Maxwell’s refusal to answer questions is rooted in several legal protections available to individuals during depositions and congressional testimony:
1. Fifth Amendment Privilege Against Self-Incrimination
The Fifth Amendment protects individuals from being compelled to testify against themselves in criminal matters. Even in civil or congressional proceedings, witnesses can invoke this right if their answers could:
California Application: California residents facing depositions in probate litigation, trust disputes, or estate challenges can similarly invoke Fifth Amendment protections when testimony might expose them to criminal liability.
2. Attorney-Client Privilege
Communications between an attorney and client are generally protected from disclosure. Maxwell may have refused to answer questions about conversations with her legal counsel regarding:
3. Spousal Privilege (Historical)
While not applicable in Maxwell’s current situation, spousal privilege historically protected confidential communications between married partners. This principle matters for California families because:
What California Families Can Learn From High-Profile Cases Like Maxwell’s
The Maxwell deposition illustrates several critical lessons for California residents concerned about asset protection, family wealth preservation, and estate planning:
Lesson 1: Proper Legal Structure Matters Before Problems Arise
High-profile individuals often have sophisticated legal structures in place before facing legal challenges. These structures include:
Real-World Application: A California business owner concerned about liability exposure should establish protective structures while their financial situation is stable—not after a lawsuit is filed.
Lesson 2: Understanding When to Speak and When to Remain Silent
Maxwell’s decision to refuse testimony demonstrates the importance of understanding your legal rights during:
California families should know: Having experienced legal counsel before making any statements in legal proceedings is essential. What you say can be used against you or your estate.
Lesson 3: Privacy Protections Through Proper Estate Planning
One reason wealthy individuals use trusts rather than wills is privacy. When assets pass through probate (as required by a will), the process becomes:
California Solution: A properly funded revocable living trust avoids probate entirely, keeping your family’s financial affairs private and reducing vulnerability to legal challenges.
Lesson 4: The Importance of Documentation and Record-Keeping
In high-profile cases, the documentation trail becomes critical. California families should maintain clear records of:
Proper documentation helps defend against claims of fraud, undue influence, or improper asset transfers.
How Can California Residents Protect Their Families Like High-Profile Individuals Do?
While most California families aren’t facing congressional depositions, the same legal principles apply to protecting your wealth and family. Here’s how:
Step 1: Establish a Comprehensive Estate Plan
A complete estate plan for California residents should include:
Step 2: Consider Asset Protection Strategies
For California families with significant assets or liability exposure, additional protection may include:
Step 3: Regular Review and Updates
Estate plans should be reviewed every 3-5 years or after major life events such as:
Step 4: Work With Experienced California Estate Planning Attorneys
The Maxwell case demonstrates that having knowledgeable legal counsel is essential. Look for attorneys who:
Common Questions California Families Ask About Asset Protection and Legal Privilege
Can I refuse to answer questions in a deposition like Maxwell did?
Yes, you can invoke your Fifth Amendment right against self-incrimination if answering could expose you to criminal prosecution. However, this right doesn’t apply to purely civil matters where no criminal liability exists. Always consult with an attorney before making this decision.
Will a trust protect my assets from lawsuits?
A revocable living trust does not provide asset protection from creditors or lawsuits because you maintain control over the assets. However, certain irrevocable trusts and asset protection trusts can shield assets from creditors when properly established before a claim arises.
How can I keep my estate plan private?
Use a revocable living trust instead of a will. Trusts avoid probate, which is a public court process. Properly funded trusts keep your assets, beneficiaries, and distribution plans private.