Agent Had no Duty to Elect Against Will

An agent under of a power of attorney did not have a duty to claim an elective share of the estate of a deceased spouse when the surviving spouse was entitled to a gift in trust equal to the elective share, even though the gift in trust was not an “available resource” because it would not be part of the surviving spouse’s estate for purposes of the Estate Recovery Program and the Department of Human Services would be unable to recover medical assistance provided to the surviving spouse.  Bond Estate, 7 Fid.Rep.3d 313 (York Co. O.C. 2017).

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