Because the Superior Court had previously ruled that the agent’s deposit of a refund check of the principal into a joint account with the agent was not a per se breach of fiduciary duty, the court in the second appeal … Continue reading
Tag Archives: Agent’s duties
The duties of an agent under 20 Pa.C.S. § 5601.3 apply to powers of attorney created before January 1, 2015, but do not apply to acts of omissions of agents that occurred before that date, and an agent’s deposit in … Continue reading
The confirmation of an agent’s account by the Orphans’ Court was an error of law, was an abuse of discretion, and was unsupported by the record when the agent for the deceased principal filed an account that showed the same … Continue reading
The power of an agent to engage in “banking and financial transactions” gave the agent the power to liquidate certificates of deposit created by the decedent (referred to as “Totten trusts”). The beneficiary named on the C.D.s raised other issues … Continue reading
The power of the decedent’s agent to “engage in banking and financial transactions” included the power to liquidate certificates of deposit that were “Totten trusts” with beneficiary designations in favor of the appellant, and the appellant failed to adequately develop … Continue reading
Although the decedent’s daughter denied acting as agent for her father under the power of attorney for which she had signed an agent’s acknowledgement, she was found to have acted as agent, and to have fiduciary duties to her father, … Continue reading
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
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