Agent Surcharged and Ownership of Homeowner’s Insurance Proceeds Determined

When the principal and agent shared a home that was in the joint names of the principal and agent, and had agreed to divide living and maintenance expenses, the agent was not surcharged for installing new windows when there was no evidence the principal did not agree to pay for the improvements, but was surcharged for unexplained payments from petty cash, for monies paid by check to the agent without explanation, for half of the real estate taxes and homeowner’s insurance which the agent failed to pay, for dividend checks and Agency on Aging checks that were cashed but not deposited into the principal’s account, for half of the cost of a roof replacement, and for missing rent payments received.  The agent was only entitled to half of the insurance proceeds for a fire that destroyed the jointly owned property before the decedent’s death.  Miscella Estate (No. 2), 7 Fid.Rep.3d 206 (Monroe Co. O.C. 2017).

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