Agent Cannot Revoke Principal’s Revocable Trust

An agent with the power to receive the income or corpus of a trust, as provided in 20 Pa.C.S. § 5602(a)(7), cannot revoke the principal’s revocable trust by withdrawing all of the income and principal; an agent’s power over a revocable trust is subject to the provisions of the trust.  Estate of: Bernice M. Kane, Power of Attorney, No. 2158 EDA 2016 (Pa. Super. 4/24/2017) (non-precedential).

[Comment:  We do not often cite non-precedential opinions because of their limited value, but this case involved some important issues about the relationship between the agent under a durable power of attorney and the trustees of the principal’s revocable trust and the powers of an agent over the revocable trust.  Unfortunately, the agent-appellant failed to provide adequate arguments or authorities, and so was deemed to have waived many issues.  Still, the principles and reasoning of the court may be useful or instructive.]

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