Category

Abuse of Power of Attorney
09
Apr

Son Who Unduly Influenced Mother Could Be Appointed As Her Guardian; Evidence Did Not Support Court’s Change Of Beneficiary Designation On TOD Account; Counsel Fees Denied Because Litigation Was A “Fight Between Brothers”

April 9, 2017
In 1997, Evelyn Worley’s son Dwight assisted her in opening a $100,000 Transfer On Death...
21
Dec

Bank Not Liable For Improper Withdrawals from Nursing Home Resident’s Account Made By Resident’s Agent Under Power of Attorney

December 21, 2015
In 2003, Michael Yahatz opened a bank account. The following year, the bank was acquired...
19
Oct

Appellate Division Affirms Chancery Court Ruling Clarifying Powers and Duties of Agent under Power of Attorney

October 19, 2015
Sylvia Fishbein and her husband created the Fishbein Revocable Trust in 1994. In 2005, following...
16
Nov

PA Appeals Court Rules that Unlimited Gifting Authority in Power of Attorney Does Not Protect Agent from Criminal Liability for Self-Dealing

November 16, 2014
Contrary to popular opinion, under the law of Pennsylvania, New Jersey and other states, an...
13
Oct

Challenge to Summary Administration Fails; Pre-Death Distributions by Power of Attorney Were “Unconventional” But Not Fraudulent

October 13, 2014
Following the decedent’s death, one of his three children applied for summary administration of the...
01
Aug

Appeals Court Affirms Summary Judgment In Favor Of Plaintiffs In Will Contest Alleging Undue Influence

August 1, 2013
Renee Halpecka died in 2005 when she was 84 years old. Before her death, Renee...
13
Aug

After Years of Litigation, Unsuccessful Probate Plaintiff Is Denied Counsel Fees

August 13, 2012
In a case that can be seen as a warning to potential plaintiffs in probate...
04
Dec

Podcast of Guest Interview on The Caring Generation, An Internet Radio Show

December 4, 2011
  Several weeks ago, on Sunday, November 20th, I was a guest on The Caring...
02
Aug

Disqualifying Opposing Counsel In A Lawsuit Involving Abuse Of A Power of Attorney

August 2, 2011
I am presently involved in a lawsuit in which my clients, three adult children of...
30
May

Credibility Determinations By A Trial Court In Cases Involving Claims of Abuse Of A Power Of Attorney Are Binding On Appeal

May 30, 2011
Matter of Mildred B. Trocolor involved a dispute between two of the decedent’s adult children...

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