Tag Archives: Agent under a power of attorney

Perfect Estate Plans (On Paper) Can Still Lead to Litigation

Having handled approximately 100 estate disputes, I’m frequently asked what people can do with their estate plans to try to prevent disputes from arising among their family members. Having a proper estate plan in place is unquestionably a key component to preventing a dispute among family members. But perhaps equally important is naming competent, honest people to the fiduciary positions in an estate plan. Here’s what I mean.  The most well-written estate plan can’t prevent the following scenarios: a trustee who mismanages a trust, a trustee who refuses to inform and report to the beneficiaries as required by law, or …

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Posted in Fiduciary Duties, Trust Disputes, Will Disputes \ Comments Off on Perfect Estate Plans (On Paper) Can Still Lead to Litigation

How To Snoop On An Agent’s Actions Under a Power of Attorney

Virginia law provides for a relatively quick and inexpensive method of obtaining information about actions taken by an agent under a power of attorney. This provision can be utilized by family members who have suspicions as to whether other family members or friends, who were appointed as agents under a power of attorney, acted properly. Virginia Code Section 64.2-1612 (which is similar to the law in other states that have also adopted the Uniform Power of Attorney Act, as Virginia has), provides in general that unless a power of attorney states otherwise, an agent under a power of attorney must, …

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Posted in Power of Attorney Disputes \ Comments Off on How To Snoop On An Agent’s Actions Under a Power of Attorney