attorney-in-fact

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Powers of attorney and trust instruments have each been the subject of many an estate plan. They each have also been the subject of multiple estate litigations. In combination, the two have served as fodder for controversies surrounding the agent’s authority over the trust and its terms. Two decisions — Matter of Goetz and Matter of Perosi v. LiGreci — have addressed the issue, albeit with different results. Both decisions provide valuable instruction for drafters and litigators. Ilene Cooper discusses these cases in our latest entry.
Continue Reading Lessons to be Learned From the Power of Attorney

In Matter of Conklin, 2015 NY Slip Op 25094 (Sur Ct, Nassau County 2015), the Nassau County Surrogate’s Court addressed, among other things, whether specifically bequeathed property sold by an attorney-in-fact prior to the decedent’s death, adeemed. The decedent’s will had specifically devised the subject property to his two children and first wife, with a direction that it be sold after his death and the proceeds divided among the three of them. But a sale prior to death meant that the proceeds would become part of the decedent’s residuary estate, of which one of his attorneys-in-fact was the sole beneficiary. Jaclene D’Agostino discusses the case in our latest entry.
Continue Reading Ademption Results from Attorney-in-Fact’s Sale of Specifically Bequeathed Asset