April 2014

POA Faces 25 Years After Appellate Courts Deny Argument that Transfers to POA Were for Medicaid Planning Purposes

A Texas appellate court upheld the conviction of a POA agent under a power of attorney who transferred funds to himself. The POA contended that he did this to qualify his former grandmother-in-law for Medicaid. In the earlier court trial before a jury, the POA was sentenced to 25 years in prison. Natho v. State (Tex. Ct.

Will Caveat-Challenge in Asheville between Sons settled over father’s will for $190,000

What is a Will Caveat (a/k/a a Will challenge)? It’s when the validity of the will is questioned due to the execution of the will, the competency of the testator (the signer of the will), and/or undue influence on the maker by a person.

In the case discussed at hand, two sons who were excluded from their father’s will have reached a settlement with the father’s estate for $190,000.

Grandchildren to collect $663k from Executrix-Aunt after Alamance Co. Verdict

Two grandchildren of a deceased Alamance County woman have been awarded over $663,000 from their aunt who refused to give the grandchildren their respective share of the inheritance. The aunt, who served as executor of the estate, accused the her niece and nephew of theft and murder.

Issue in the case: did the executor (Aunt) perform her duties for the estate? Did the Aunt misappropriate money from the estate? Did the executor breach her fiduciary duty?