Chancery Court Compels Fiduciary to Submit to an Accounting under Durable Personal Powers of Attorney Act

Chancery Court Compels Fiduciary to Submit to an Accounting under Durable Personal Powers of Attorney Act

Chancery Court compels fiduciary to submit to an accounting under Durable Personal Powers of Attorney Act   By: Regina M. Matozzo, Esq. Ferry Joseph, P.A. In an opinion issued on June 30, 2014, Master Abigail M. LeGrow held that the authority of an agent pursuant to a power of attorney begins at inception not incapacity and ordered a forensic accounting be conducted by a third party in Estate of Dean, 2014 […]

Establishing a Guardianship in Delaware

Establishing a Guardianship in Delaware

Estate planning is important for countless reasons.  Most people understand the benefits of having a will or trust in place to direct the disposition of their assets upon their death.  However, many people fail to think about is why it is so important to have an advanced health care directive and durable power of attorney in place long before they may ever need to be utilized.  One of the most […]

Court of Chancery affirms limitations on expense reimbursement in partition actions

Court of Chancery affirms limitations on expense reimbursement in partition actions

On February 17, 2014, Master Abigail M. LeGrow of the Court of Chancery issued her Final Report in the matter of Nancy Weber v. Joan Weber, a partition action regarding a desirable plot of waterfront property in Rehoboth Beach, Delaware. The property was originally purchased by Eugene Weber Jr. in 1995. A year later, Eugene retitled the property in the names of himself and his wife Nancy Weber as tenants […]

Sister that mishandled parents’ estates must reimburse brother for missing inheritance

Sister that mishandled parents’ estates must reimburse brother for missing inheritance

On April 17, 2014, Master Abigail M. LeGrow of the Court of Chancery in the State of Delaware issued a draft report in the matter of Harrison v. Dixon et. al., ruling that the Defendant, Roseann Dixon, must reimburse her brother, Jacob Harrison, for his inheritance from his parents’ estates which was never received as a result of Dixon’s mishandling of the estates. Remell Harrison passed away in 2004. Her […]

Delaware Guardianship Actions and the Ethical Considerations in Chancery Court

Delaware Guardianship Actions and the Ethical Considerations in Chancery Court

By: David J. Ferry, Jr., Esq. Ferry Joseph, P.A. With the population of older Americans on the rise, issues related, in general, to elder law, and specifically to guardianship actions, are requiring greater attention.  Of course guardianship actions do not solely affect the elderly, as many are filed in connection with younger adults who, for one reason or another, lack the ability to care for themselves and/or their property.  It […]