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Home→Tags self dealing

Tag Archives: self dealing

Agent’s Deposit into Joint Account Was a Breach of Fiduciary Duty

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 →

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

Deed Executed before Letters Granted, and Mortgage Based on Deed, are Void

Deed of decedent’s property to administrator individually, executed two months before being appointed administrator, was voidable and voided by the court, and the mortgage of the property executed after letters were granted, but signed by administrator in her individual capacity, … Continue reading →

Posted in Opinions | Tagged self dealing, Void and Voidable

Surcharge of Guardian for Failing to Account and Self-Dealing

Guardian of the estate of an incapacitated person was surcharged for unexplained discrepancies in her account showing funds were missing, for an act of self-dealing by payment to an entity owned by the guardian’s husband, and for a payment allegedly … Continue reading →

Posted in Opinions | Tagged Guardian compensation, self dealing, surcharge

Executor Liable for Attorney Malfeasance

The executor of an estate, who had experience as a professional bookkeeper, was liable for the misappropriation of funds by her attorney because she failed to act as a prudent person would, allowing the attorney to have access to bank … Continue reading →

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

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

Misuse of UTMA Custodial Property

Mother used Uniform Transfers to Minors custodial funds to purchase a home in her own name.  Although children lived in home for at least part of the time, mother was ordered to pay over to the children the entire proceeds … Continue reading →

Posted in Opinions | Tagged Attorney fees, self dealing, surcharge, Uniform Transfer to Minors Act

Executors Surcharged for Self-Dealing and Mismanagement

Executors surcharged for sale of estate property to a son of one executor, for expenses paid to the purchaser of the property for “cleanup” of the property 20 days before the sale, for distributions of automobiles contrary to the provisions … Continue reading →

Posted in Opinions | Tagged Attorney fees, Executor commissions, self dealing, surcharge

Rappaport Estate and Surcharge of Removed Executors

After remand from Superior Court and an amended adjudication entered, the Court upheld the surcharge for self-dealing and attorney fees for removed co-executors on cross-appeal to amended adjudication.  Rappaport Estate (No. 2), 2 Fid. Rep. 3d 434 (O.C. Bucks 2012) … Continue reading →

Posted in Opinions | Tagged Amended adjudication, Attorney fees, self dealing, surcharge

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