It was not a breach of fiduciary duty for the proceeds of sale of a property to be paid half to the two co-owners, mother and daughter, even though the daughter was the mother’s agent under a general power of … Continue reading
Tag Archives: Agent’s liability
Lease signed by agent for trustees as owners of the property was invalid because the power of attorney did not have the notice required by 20 Pa.C.S. § 5601(c) or the acknowledgement of the agent required by 20 Pa.C.S. § … Continue reading
It was proper for the Orphans’ Court to dismiss objections to an account of an executor for amounts paid to the executor for legal fees incurred in defending the executor against claims asserted against the executor as agent under the … Continue reading
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 … Continue reading
The Orphans’ Court denied the objections to the executor’s account based upon the testimony of the executor which the court found to be credible, and the court did not find the testimony of the objectant and the objectant’s son to … Continue reading
Testimony and evidence showed that the decedent was strong willed and made his own financial decisions, and that the gifts to the decedent’s agent were the decisions of the decedent and not the agent. Various objections to expenses of the … Continue reading
[Update (8/24/2023): The Supreme Court has reversed the Superior Court and reinstated the judgment of the Orphans’ Court.] The Pa. Supreme Court is allowing an appeal from a decision of the Superior Court on the following issue (as stated by … Continue reading
In action against agent, former beneficiary of retirement account had standing to object to change of beneficiary designation by agent. Because the action was against the agent individually, and not the decedent’s estate, the Dead Man’s Rule will not apply. … Continue reading
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 … Continue reading
As a co-agent with her husband, a wife had a duty to the principal to act on her knowledge of her husband’s actions to protect the principal from theft and fraud by the husband as co-agent, and is therefore jointly … Continue reading