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Home→Tags Agent’s powers

Tag Archives: Agent’s powers

Agent Had Power to Liquidate C.D.s with Beneficiary Designations

Posted on July 18, 2024 by Daniel EvansJuly 18, 2024

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 →

Posted in Opinions | Tagged Agent's duties, Agent's powers, Beneficiary designations, Totten trusts

Claim for Liquidated Totten Trust Denied

Posted on May 12, 2024 by Daniel EvansMay 12, 2024

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 →

Posted in Opinions | Tagged Agent's duties, Agent's powers

Agent Was Competent to Testify to Wishes of Mother

Posted on March 10, 2024 by Daniel EvansJuly 5, 2024

In a challenge to a transfer of the decedent’s residence during the decedent’s lifetime that was made to the decedent’s daughter by the agents under the decedent’s power of attorney, the brother of the transferee, who was also a co-agent, … Continue reading →

Posted in Opinions | Tagged Accounting by agent, Agent's powers, Dead man's rule

Agent Acted at Direction of Principal

Posted on October 8, 2023 by Daniel EvansDecember 20, 2023

Although the appellant had failed to file a timely Pa.R.A.P. 1925(b) concise statement of errors complained of on appeal even though appellant’s counsel being personally advised by the Orphans’ Court that an order was being signed allowing an extension of … Continue reading →

Posted in Opinions | Tagged Agent's powers, RAP 1925

Agent’s Change of IRA Beneficiary Invalid

An agent’s change of an IRA beneficiary was invalid when the decedent was obligated under a divorce settlement agreement to name his children as beneficiaries. Trembley Agent for Lasser, 10 Fid.Rep.3d 229 (Chester O.C. 2020). … Continue reading →

Posted in Opinions | Tagged Agent's powers, Divorce, Individual retirement account

Powers of Attorney and the Unauthorized Practice of Law

Posted on February 15, 2019 by Daniel EvansFebruary 15, 2019

I received some emails recently from someone who was very unhappy that a court was not allowing him to represent a family member in court, even though he had a power of attorney authorizing him to “pursue claims and litigation” … Continue reading →

Posted in News | Tagged Agent's powers, Power of Attorney

Agent Cannot Represent Incapacitated Principal in Divorce Action

The Superior Court has held that an incapacitated person can be represented in a divorce action only by a court-appointed guardian or guardian ad litem, and that an agent under a durable power of attorney cannot prosecute or defend a … Continue reading →

Posted in Opinions, uncategorized | Tagged Agent's powers, Divorce, Incapacitated Person

Intervention and Consolidation for Related Trusts

Son was allowed to intervene in litigation which his deceased father had begun over the validity of a trust allegedly created by the father, even though the son’s interests as a beneficiary under his father’s will were protected by the … Continue reading →

Posted in Opinions | Tagged Agent's powers, Consolidation, Intervention, Joint Tenancy, Trust creation, Trust reformation

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