Occasionally, disputes will arise as a result of one party’s use of a power of attorney either before or after the death of the principal. You may be faced with claims that you violated the power of attorney by making improper distributions. On the other hand, you may be concerned that a family member abused his or her appointment as attorney in fact. You need an attorney with experience to effectively advocate for you in these circumstances.
We have frequently represented clients in controversies over lifetime transfers of assets by a decedent. Often these transfers contradict or frustrate the terms of the decedent’s will. A common example is an attorney-in-fact’s use of a power of attorney to make gifts of the decedent’s assets to himself. You may have need of our services either as the party who received the gift of assets or the party deprived of the assets allegedly gifted. In either case, our services will be necessary to analyze all the surrounding circumstances to determine the strengths and weakness of the case and commence or defend proceedings in the Supreme or Surrogate’s Court to void the gift.
Please contact an estate litigation attorney at the Law Offices of James Yastion, PLLC by calling (845) 255-4400 to schedule an initial consultation to discuss your probate or estate litigation concern.