Sons could make gifts to themselves from mother's estate

Boston Fiduciary Litigation Partner Tiffany Bentley was featured in Massachusetts Lawyers Weekly discussing a significant Appeals Court ruling in her clients’ favor regarding the scope of gifting authority under a durable power of attorney. The court upheld that two sons were permitted to transfer more than $5.5 million of their incapacitated mother’s assets to themselves, finding the document’s language sufficiently clear to authorize such gifting and rejecting allegations of fiduciary breach. Representing the sons, Bentley noted that “To hold otherwise would have vitiated the very authority Mrs. Fern intended to grant to her sons,” underscoring the importance of honoring the principal’s intent. The ruling highlights the critical importance of precise drafting when creating or restricting self-gifting powers.

Read the full article here.