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agree. From December of 1996 until decedent’s death on June 12,
1997, Ms. Powell, in her capacity as decedent’s attorney-in-fact,
deposited nearly $19,000 of dividends paid on Marital Fund stocks
into trust account No. 0825 and more than $5,000 from the
redemption of Colonial Fund shares into decedent’s joint account
No. 6672. After January 8, 1997, Ms. Powell used income from
Marital Fund assets that decedent had allegedly transferred to
GFLP to pay for decedent’s medical and household expenses, in-
home health care, gifts, entertainment, and State and Federal
income taxes.
Even after decedent’s death, Ms. Powell continued to collect
dividends, interest, and proceeds from Marital Fund assets, and
she deposited the amounts into accounts that decedent’s estate
controlled. The deposits were used for the benefit of the
estate, Ms. Powell, and Mr. Gore. Between June 16 and July 28,
1997, Ms. Powell deposited into decedent’s account No. 4495 more
than $150,000, consisting of proceeds from the sale of Marital
Fund assets and interest paid on Marital Fund assets that were
still titled in decedent’s or Sidney Gore’s name. Ms. Powell
spent approximately $100,000 of funds attributable to or derived
from Marital Fund assets that had been deposited into decedent’s
account No. 4495 to pay for decedent’s funeral expenses and her
remaining personal and household expenses. In addition, Ms.
Powell and Mr. Gore “borrowed” $36,000 of income attributable to
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Last modified: November 10, 2007