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
EPTL 7-1.9
Attorney-In-Fact has Authority to Amend an Irrevocable Trust Pursuant to EPTL 7-1.9
By Spencer L. Reames on
Posted in Fiduciaries
In our latest entry, Spencer Reams discusses a recent Second Department decision addressing the authority of an attorney-in-fact to amend an irrevocable trust.
Continue Reading Attorney-In-Fact has Authority to Amend an Irrevocable Trust Pursuant to EPTL 7-1.9