In Re Estate of Elias

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “A power of attorney gives rise to a general fiduciary relationship between the grantor of the power and the grantee as a matter of law.”
• the circuit court has discretion to assess attorney fees against parties other than the estate
• transactions benefitting the defendant after grant of power of attorney are presumed fraudulent
• subsequent to execution of power of attorney, transfer of property from principal to agent pursuant to transfer-on-death form gave rise to presumption of fraud even though principal, not agent under power of attorney, signed transfer-on-death form
• “Attorney fees for an executor can be assessed against a party in a probate proceeding based either on equitable contribution or as punitive damages where there was willful or outrageous conduct due to evil motive or a reckless indifference to the rights of others.”

Source: CourtListener parenthetical corpus (CC0).