For Your Data Inwards Re Estate Of Kurrelmeyer Illustration Brief
July 20, 2020
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In re Estate of Kurrelmeyer example brief summary
895 A.2d 207 (2006)
CASE FACTS
The decedent executed a ability of attorney designating the widow every bit his agent. Using the ability of attorney, the widow created a trust, together with transferred existent belongings into the trust. The trust gave the widow greater benefits regarding that belongings than she had nether the decedent's will. The case courtroom institute the ability of attorney ambiguous, together with ruled that it authorized solely maintenance of, together with additions to, trusts already existing when the ability of attorney came into being.
DISCUSSION
CONCLUSION
The judgment was reversed together with the example was remanded for farther proceedings to catch whether at that topographic point was a breach a fiduciary duty on the business office of the widow, every bit agent, inwards low-cal of all the relevant circumstances at the fourth dimension the trust was executed.
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895 A.2d 207 (2006)
CASE SYNOPSIS
In a probate proceeding, appellee boy of the decedent objected to the exclusion of sure enough existent belongings inwards the estate inventory completed past times appellant widow of the decedent, together with asked that a trust created past times the widow hold out laid aside together with that the belongings at resultant hold out included inwards the probate estate. The Chittenden Superior Court (Vermont) reversed an guild of the probate courtroom together with granted summary judgment inwards favor of the son. The widow appealed.CASE FACTS
The decedent executed a ability of attorney designating the widow every bit his agent. Using the ability of attorney, the widow created a trust, together with transferred existent belongings into the trust. The trust gave the widow greater benefits regarding that belongings than she had nether the decedent's will. The case courtroom institute the ability of attorney ambiguous, together with ruled that it authorized solely maintenance of, together with additions to, trusts already existing when the ability of attorney came into being.
DISCUSSION
- The appellate courtroom disagreed.
- The ability of attorney was unambiguous, together with it expressly authorized the widow to practice a trust.
- The ability of attorney was "general" together with broad.
- It did refer to a trust already inwards existence, simply did non propose lack of authorization to practice a novel trust.
- The fact that the trust hither was created past times an agent did non acquit on its legitimacy. This interpretation of the ability of attorney was non contrary to populace policy.
- The interrogation of whether the widow's actions breached her fiduciary duties remained.
- Although the widow had authorization to practice the trust, her authorization was non limitless.
- The case courtroom did non achieve the interrogation of whether the trust was a breach of fiduciary duty.
CONCLUSION
The judgment was reversed together with the example was remanded for farther proceedings to catch whether at that topographic point was a breach a fiduciary duty on the business office of the widow, every bit agent, inwards low-cal of all the relevant circumstances at the fourth dimension the trust was executed.
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