- 12 - knowledge of this litigation and she did not personally authorize Mr. Young to represent her in this case. Mrs. Dornbrock contends further that, if Mr. Young had the authority to represent her in filing the joint petition, he was acting as her subagent (by and through her agent, Mr. Dornbrock) rather than as her agent. Accordingly, she argues that, under common law principles of agency, Mr. Young's status as subagent for her terminated upon the death of Mr. Dornbrock, her agent. Thus, Mrs. Dornbrock contends that Mr. Young's authority to represent her as a subagent terminated upon the death of her husband. With regard to her argument that Mr. Young lacked authority to represent her husband's estate, Mrs. Dornbrock contends that, under Michigan law, Mr. Young's authority to represent Mr. Dornbrock terminated upon Mr. Dornbrock's death. She contends that Mr. Young never obtained her permission, as personal representative of her husband's estate, to substitute parties as he did in this case. She argues further that her husband's estate was closed in 1988; yet, the estate was not substituted as a party until 1993. Therefore, she contends, this Court never obtained jurisdiction over the estate of her deceased husband.9 9 Mrs. Dornbrock's position on this argument is not clear as to whether the Court's purported loss of jurisdiction over her husband's estate reverted back to the date of the filing of the petition or the date her husband died.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011