Recent probate and fiduciary litigation revealed power of attorney does not provide authority to create a trust on behalf of the elder, adding caregiver to bank accounts insufficient to establish donative intent, and importance of signature cards for joint accounts.
Dillon v. King, one sister contested their father’s will and codicil and also asserted other claims against her sister. After a bench trial, the trial judge admitted the will and codicil to probate and ordered the contestant to take nothing on her other claims.
Who can bring an action in Fiduciary Litigation? A common question in Fiduciary Litigation is who exactly can bring a lawsuit. In other words, who can be the Plaintiff.
In Hussion St. Bldgs., LLC v. TRW Eng’rs, Inc., plaintiff landowner claimed its real property was injured by the failure of an engineering firm involved in developing the adjoining property to include a water-detention plan.
In re Estate of Vines, a probate court appointed a receiver over a business that was owned by a decedent. The trial court appointed a temporary administrator and later appointed a receiver over a business that was owned by the grandmother, now controlled by the nephew.