Surrogate Margarita Lopez Torres
Defendants moved for summary judgment dismissing the complaint of Shannon, decedent’s husband’s niece, and the administrator of his estate. Shannon cross-moved for summary judgment setting aside the transfer of ownership of a house, of which decedent Gerace was the sole owner after her husband, Adolf, transferred his interest in the home to her. Gerace executed a durable power of attorney appointing her children, Marjie and Joseph, as her attorneys-in-fact, and a will, which disinherited Adolf. Gerace devised the house to her children in the will. Five days before Gerace died, Marjie created a life estate for Gerace and transferred a remainder interest to Joseph and Gerace’s granddaughter, Nancy. Shannon was substituted as a plaintiff in Adolf’s suit against defendants regarding the transfer of the house. The court found the power of attorney was valid and expressly granted her agents authority to make gifts in excess of $10,000 to themselves, including devising an interest in her property to themselves. It stated the transfer was clearly within the scope of authority granted and was neither improper nor fraudulent on its face. Thus, defendants established they were acting in accordance with their fiduciary duty, granting dismissal.
