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Power of Attorney Beneficiaries Fiduciary Duty

Burns & Levinson LLP

How Appointing an Attorney-in-Fact Can Benefit Your Life

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There may come a point in life when you – or a loved one –need a trusted family member, friend, or professional to assist with your property and financial affairs and decision-making.  Since that point may come when you are...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - October 2022

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Power of Attorney Did Not Provide Authority to Create a Trust on Behalf of the Elder Who Granted the Power of Attorney - Barbetti v. Stempniewicz, 490 Mass. 98 (Sup. Jud. Ct. June 28, 2022) Does a power of attorney...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - February 2022

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This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Intentional Interference and Unjust Enrichment Claims in Connection with a Trust...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - December 2021

Goulston & Storrs PC on

Daughter with Power of Attorney Had Burden to Show No Undue Influence over Father - Coscia v. Sweezey, 2021 WL 4765696 (Mass App. Ct. October 13, 2021) - Does holding a power of attorney from a parent in declining...more

Lewitt Hackman

When There is Only a Will There’s No Way You’re Avoiding Probate

Lewitt Hackman on

A common misconception is that when you die with a Will, your heirs avoid probate. In California when you die with a Will and the total assets owned in your sole name exceed $166,250, your estate goes through probate (a court...more

Winstead PC

Court Holds That A Defendant Cannot File A No-Evidence Summary Judgment Based On A Self-Interested Transaction Due To The...

Winstead PC on

In In re Estate of Klutts, a son held his mother’s power of attorney when he assisted in securing a new 2008 will, which enhanced his share of the estate. No. 02-18-00356-CV, 2019 Tex. App. LEXIS 11063 (Tex. App.—Fort Worth...more

Winstead PC

Court Affirms Judgment That Power-Of-Attorney Holder Converted Funds By Withdrawing Them From A Joint Account

Winstead PC on

In Fletcher v. Whitaker, a brother withdrew $25,000 from a joint bank account while the owner of the funds (decedent) was still alive. No. 02-17-00138-CV, 2018 Tex. App. LEXIS 8329 (Tex. App.—Fort Worth October 11, 2018, no...more

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