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Tag Archives: Power of Attorney

Civil Practice – Default – Motion to Set Aside – No Good Cause – Real Property – Mortgages – Attorneys (access required)

Regions Bank v. Owens Even though defendant Paddy had defendant Owens’ power of attorney, which allowed Paddy to act on Owens’ behalf regarding the real property at issue, and even though Owens argues Paddy misled him into believing Paddy had hired an attorney to answer the foreclosure complaint on Owens’ behalf, Paddy testified he never told Owens he had hired an attorney to represent him and file an answer on his behalf.

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Trusts & Estates – Inter Vivos Transfers – Power of Attorney – No Gifting Provision – Tort/Negligence – Breach of Fiduciary Duty – Conversion (access required)

Gordon v. Busbee Where the wife’s power of attorney did not contain a gift-giving provision, and where the record contains no written evidence of her authorization for her husband/attorney-in-fact to make the transfers he did, the trial court erred in failing to direct a verdict for the wife’s heirs as to any transactions involving the husband’s taking funds that were undisputedly the wife’s and transferring them into a fund solely owned by him. We affirm in part and reverse in part the trial court’s denial of plaintiffs’ motions.

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Trusts & Estates – Wills – Undue Influence – Power of Attorney – Presumptions & Rebuttals (access required)

Salerno v. Inman A testator’s attorney-in-fact/girlfriend rebutted the presumption of undue influence: there was no evidence that the power of attorney was ever used; the attorney-in-fact testified she did not know when the testator executed the power of attorney; there was no evidence that the testator did not have the opportunity to dispose of his property as he wanted; the attorney-in-fact took the testator to his lawyer’s office to revise his will in 2005...

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Trusts & Estates – Inter Vivos Transfers – Power of Attorney – No Gifting Provision – Tort/Negligence – Breach of Fiduciary Duty – Conversion (access required)

Gordon v. Busbee Where the wife’s power of attorney did not contain a gift-giving provision, and where the record contains no written evidence of her authorization for her husband/attorney-in-fact to make the transfers he did, the trial court erred in failing to direct a verdict for the wife’s heirs as to any transactions involving the husband’s taking funds that were undisputedly the wife’s and transferring them into a fund solely owned by him. We affirm in part and reverse in part the trial court’s denial of plaintiffs’ motions.

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