- 25 - with her parents, who were concerned about the size of their estates. Ms. Thompson also testified that when decedent delivered the powers of attorney to her, decedent never indicated that Ms. Thompson was prohibited from taking certain acts and decedent gave no specific instructions to Ms. Thompson. Since decedent was told by her attorney, Mr. Walker, that such powers of attorney authorized Ms. Thompson to do whatever decedent could do with her own property, and since each of the powers of attorney contained a general grant of power that would appear to a nonlawyer to be consistent with Mr. Walker’s statement to decedent, we do not find it surprising that decedent did not discuss specifically with Ms. Thompson whether Ms. Thompson had the power to continue the annual gifts to decedent’s family. The testimony of decedent’s attorney, Mr. Walker, lends support to petitioner’s argument. Mr. Walker testified that, when the December 22, 1987, power was executed, “my words were to her that ‘this will allow your daughter to do anything that you can do.’” With respect to the March 12, 1992, powers, Mr. Walker testified: “The intent was that the agent under [the power] could do anything that [decedent] could do.” Mr. Walker further testified that when he presented the March 12, 1992, powers to decedent for execution, he recalled “using the words ‘this will allow your daughter to do anything that you can do.’” When Mr. Walker was asked on cross-examination whether decedent ever toldPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011