the responsibility for production of documents, undertake an independent search of documents responsive to a subpoena served on him is also allowed. The documents may, however, be reviewed by counsel before production and privileged documents, as defined herein, do not need to be produced. KFI contends further that the “subject matter” waiver engendered by the disclosure of the McLaughlin Letters extends to communications between the successor executor Puzo and his counsel, Fayerweather. This court does not agree. The Estate, itself, is not a separate legal entity. See Eubank Heights Apartments, Ltd. v. Lebow, 615 F.2d 571, 572 (1st Cir. 1980) (noting that Massachusetts does not recognize an estate itself as a legal entity); see also Crowe v. Di Manno, 225 F.2d 652, 653 (1st Cir.1955) (<HOLDING>). Consequently, McLaughlin was not the Estate’s
holding that a legal malpractice claim arising from errors by an attorney in rendering estateplanning services is properly brought by the personal representative of the estate when excess estate taxes are paid by the estate in contravention of the decedents intended estate plan holding liabilities of community estate can be considered by trial court in making just and right division of marital estate holding that for estate tax purposes property is to be valued as it exists in the hands of the estate holding a decedents estate is not a legal entity and only individuals administering the estate can be sued on estates behalf recognizing property of the estate to include the estates chose in action against its auditor