Agent Surcharged for Lifetime Transactions, Counsel Fees Reduced

Lifetime transfer of real property from decedent to son was voided due to lack of donative capacity and undue influence, so son must return proceeds of sale of property to the estate, along with mineral royalties received for the property.  Son who served as agent for mother was also surcharged for the death benefit under a life insurance policy which he improperly cashed in during his mother’s lifetime.  Counsel fees paid by estate reduced by half for portion of services devoted to defending the son as executor.  Knapp Estate, 7 Fid.Rep.3d 170 (Jefferson Co. C.P. 2017).

Print Friendly, PDF & Email

Comments are closed.