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 … Continue reading
Tag Archives: Agent’s duties
An action for tortious interference with a right of inheritance cannot be brought against a lawyer for inter vivos transfers when the lawyer (a) prepared a power of attorney naming an agent who later abused the powers granted to the … Continue reading
An agent abused her powers, and was ordered to return joint accounts to the estate, when she added the principal’s money to accounts that were in the joint names of her and the principal, knowing that the money would become … 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
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
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
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
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