Revocation of Trust Was Valid Despite Later Adjudication of Incapacity; Surcharge of Agent for Bargain Sale to Son

The alleged incapacitated person was adjudicated incapacitated in 2024, but was found to have had testamentary capacity in 2018 when she revoked her revocable trust, based mainly on the testimony of her counsel who met with her and prepared the revocation documents, and so the revocation was valid. There was no showing of weakened intellect or a confidential relationship when the trust was revoked, so a claim of undue influence was denied. Because the trust was revoked, the petition to remove the trustee was moot. The sale of the incapacitated person’s residence by her agent to the agent’s son for less than fair market value was a breach of fiduciary duty and the agent was surcharged, but the sale was not voided. N.A.T. Trust, 2 Fid.Rep.4th 105 (Monroe O.C. 2024).

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