Anyone practice in estate law by chance?

smokin5 · 05-13-2010, 09:39 PM

Sounds like a question involving breach of fiduciary duty on the part of your aunt (abusing her Power of Attorney for her own gain), but those sort of cases CAN get tricky & expensive. On the bright side, the general rule of law is that a fiduciary has the burden of proving she did NOT breach her duty if she in fact receives benefit from the transactions. As stated by others, you should consult a local attorney.
Best advice I can give you without getting into all the facts.

05-13-2010, 09:39 PM	#8
smokin5 Have My Own Room Join Date: Oct 2008 Location: On the Mountaintop - AZ Posts: 2,002 Trading: (69)	Re: Anyone practice in estate law by chance? Sounds like a question involving breach of fiduciary duty on the part of your aunt (abusing her Power of Attorney for her own gain), but those sort of cases CAN get tricky & expensive. On the bright side, the general rule of law is that a fiduciary has the burden of proving she did NOT breach her duty if she in fact receives benefit from the transactions. As stated by others, you should consult a local attorney. Best advice I can give you without getting into all the facts. __________________ Pobody's Nerfect.