Agent’s Deposit into Joint Account Was a Breach of Fiduciary Duty

An agent’s deposit of a refund check payable to the principal into a bank account in the joint names of the principal and agent was an act of self-dealing and a breach of fiduciary duty by the agent because she commingled the funds of the principal with the funds of the agent, and so a surcharge on the agent was imposed. A receipt signed by a beneficiary for two rings of the decedent was upheld over the testimony of the beneficiary that she received only one ring. A tax penalty was directed to be paid by the estate and not imposed on one co-executor when there were delays and miscommunications between the one co-executor and the attorney for the estate. Other objections to the account of the executors and agent were was dismissed for failures of proof. Finnie Estate, 12 Fid.Rep.3d 203 (Montgomery O.C. 2022).

Print Friendly, PDF & Email

Comments are closed.