Decedent’s Daughter Had No Standing To Request An Accounting Of Agent’s Exercise Of Power Of Attorney
The orphans’ court properly refused to order an accounting of agent’s exercise of the power of attorney decedent had given her because decedent’s daughter had no standing to request the accounting where the asset transfers daughter questioned occurred during decedent’s lifetime and before the power of attorney was signed and agent was the sole beneficiary named in decedent’s will.
Deceased died but no will was probated and no estate was opened. His daughter filed a petition alleging that decedent has a will bequeathing his estate in six equal shares to his children and asserting that the holder of decedent’s power of attorney used undue influence to become decedent’s agent and then transferred decedent’s assets into her own name and improperly influenced decedent to make a new will naming agent as the sole beneficiary. Daughter sought an accounting of agent’s management of decedent’s assets. Agent argued daughter lacked the capacity to sue because she failed to establish that she was an aggrieved party and agent produced documents showing a deed transferring decedent’s real property to agent, a bank statement showing agent and decedent as joint accountholders, a durable power of attorney naming agent as decedent’s attorney-in-fact dated after the asset transfers and a will naming agent as his sole beneficiary. Agent showed that all of decedent’s assets were transferred inter vivos and there was no estate. Daughter argues she was seeking an accounting from the date the power of attorney was signed until decedent’s death to see if there was malfeasance. Agent argued an accounting would be unduly burdensome and that the only asset she handled as power of attorney during decedent’s lifetime was the bank account which became hers on decedent’s death. The trial court sustained agent’s objection finding that decedent’s will provided that agent was his executrix and sole heir. Daughter appealed.
Daughter argued the statute governing the power of an orphans’ court to direct an attorney-in-fact to give an accounting, 20 Pa.C.S. §5610, had no standing requirement and that the trial court erred in relying on Rock v. Pyle, 720 A.2d 137. She also contended she had standing as an intestate heir. The court agreed that the statute did not mandate that the request for an accounting had to be initiated by a party with standing but also found that an orphan’s court was not required to order an accounting anytime one was requested. The court held that the generally applicable rules regarding standing applied in this context and noted that Rock was instructive. Daughter showed no fiduciary relationship between herself and agent and did not allege any fraud in the agent’s exercise of her agency powers. The allegations of impropriety related to transfers that occurred before decedent executed the power of attorney.
Daughter’s contention that she had standing as an intestate heir failed because decedent’s will named agent as his sole beneficiary and orphans’ court had informed daughter of her options to request the grant of letter testamentary or letters of administration to contest the validity of decedent’s will.
Reference: Digest of Recent Opinions, Pennsylvania Law Weekly, 42 PLW 130, Tuesday, February 5, 2019. In re Nadzam, PICS Case No. 19-0132 (Pa. Super. Jan. 14, 2019)
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