Estate transactions
Sec. 15. (a) Language conferring general authority with respect to
estate transactions means the principal authorizes the attorney in fact
to do the following:
(1) Accept, receipt for, exercise, release, reject, renounce,
assign, disclaim, demand, sue for, claim, and recover a legacy,
bequest, devise, gift, or other property interest or payment due
or payable to or for the principal.
(2) Assert an interest in and exercise power over a trust, an
estate, or property subject to fiduciary control.
(3) Establish a revocable trust solely for the benefit of the
principal that terminates at the death of the principal.
(4) Exercise all powers with respect to estates and trusts the
principal could exercise. However, the attorney in fact may not
make or change a will.
(b) In exercising powers of amendment or revocation, or powers
to expend or withdraw property passing by trust, contract, or
beneficiary designation at the principal's death, including specifically
bequeathed property, joint accounts, life insurance, trusts, and
retirement plans, the attorney in fact shall take the principal's estate
plan into account to the extent the estate plan is known to the
attorney in fact.
(c) The attorney in fact is not liable to a beneficiary of the
principal's estate plan for an action performed under this section
unless the attorney in fact acts in bad faith.
(d) The attorney in fact may:
(1) have access to; and
(2) copy, but not hold;
the principal's will, trusts, and other personal records to the extent
necessary for the attorney in fact to act under this section.
As added by P.L.149-1991, SEC.2.
Last modified: May 27, 2006