ESTATE OF JULIUS GARGANI, a/k/a JULIUS J. GARGANI, Deceased

ESTATE OF JULIUS GARGANI, a/k/a JULIUS J. GARGANI, Deceased. (10/363395/F) — This is a decision after a hearing in these accounting proceedings of Joan Conklin as executor and attorney-in-fact. Testimony was taken from an attorney and Lori Conklin, the daughter of the executor and the co-agent under one power of attorney and a successor agent for the decedent under a second power of attorney. The issues at the hearing were whether the agent[s] appointed by the decedent in these powers of attorney acted appropriately when they: closed out multiple Totten trust accounts; sold the decedent's specifically bequeathed cooperative apartment; paid $20,000.00 allegedly for the renovation of one of the agent's bathrooms; and paid themselves compensation as agents. As a result of the actions of the agents, the decedent's entire estate went to the accounting party, Joan Conklin, who was also an agent under both powers of attorney. Joan Conklin was not available to testify at the hearing as she is a resident of a nursing home.

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ESTATE OF JULIUS GARGANI, a/k/a JULIUS J. GARGANI, Deceased. (10/363395/F) — This is a decision after a hearing in these accounting proceedings of Joan Conklin as executor and attorney-in-fact. Testimony was taken from an attorney and Lori Conklin, the daughter of the executor and the co-agent under one power of attorney and a successor agent for the decedent under a second power of attorney. The issues at the hearing were whether the agent[s] appointed by the decedent in these powers of attorney acted appropriately when they: closed out multiple Totten trust accounts; sold the decedent’s specifically bequeathed cooperative apartment; paid $20,000.00 allegedly for the renovation of one of the agent’s bathrooms; and paid themselves compensation as agents. As a result of the actions of the agents, the decedent’s entire estate went to the accounting party, Joan Conklin, who was also an agent under both powers of attorney. Joan Conklin was not available to testify at the hearing as she is a resident of a nursing home.

Seldom does the court have before it a proceeding where almost every issue regarding health care planning for an elderly, incapacitated person is seen. Questions regarding statutory powers of attorney, gifting authority, Totten trust accounts, Medicaid planning, fiduciary obligations, testamentary intent, ademption of specific proceeds and whether the drafting attorney was representing the principal or the agent are all present in this proceeding. This matter has further illuminated gaps in the law as well as areas that need clarification.

ESTATE OF JULIUS GARGANI, a/k/a JULIUS J. GARGANI, Deceased

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