Trusts Amendments by Agent Invalid

Amendments to inter vivos trust document signed by agent (one of settlor’s daughters) were invalid even though the trust document allowed amendments by agents because the power of attorney did not authorize the agent to amend the trust. The attempted appointment of co-trustees and co-agents were also invalid as contrary to the terms of the trust and the power of attorney. Finally, the actions of the agent in attempting to take advantage of her sister’s weakened mental capacities to increase her share of the trust showed a lack of integrity that justified denying her appointment as a successor trustee. M. Estelle Thomas Trust, 9 Fid.Rep.3d 275 (Bucks O.C. 2019), aff’d, 1705 EDA 2019 (Pa. Super. 3/3/2020) (non-precedential).

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