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Home→Tags Agent’s duties - Page 2 << 1 2

Tag Archives: Agent’s duties

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Agent Failed to Preserve Intestate Distribution

Trust created by agent under power of attorney was invalid because the agent failed to preserve the principal’s estate plan, the principal having no will and the trust benefiting only three of the principal’s seven children.  Capobianco Estate, Power of Attorney, … Continue reading →

Posted in Opinions | Tagged Accounting by agent, Agent's duties, Intestacy, Power of Attorney

Gifts by Principal to Agent

The power “to make gifts, including gifts to my agent,” that was included in a power of attorney signed in 2006, was unlimited, and not limited to gifts to spouse and issue, when the principal had no spouse or issue … Continue reading →

Posted in Opinions | Tagged Agent's duties, Power of Attorney, Unlimited Gifts

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 … Continue reading →

Posted in Opinions | Tagged Agent's duties, Estate recovery program, Medical assistance, Spousal Election

Agent Surcharged for Breaches of Fiduciary Duties

Agent under power of attorney who was appointed “to serve jointly” with co-agent, but who acted alone, is surcharged for unexplained or unaccounted for expenditures, for changing an IRA beneficiary to herself, which was inconsistent with the principal’s intent as … Continue reading →

Posted in Opinions | Tagged Agent's duties, Agent's liability, self dealing, surcharge

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