Jaffe v. Pournaras

The Supreme Court affirmed the judgment of the superior court granting Plaintiff’s request for declaratory relief and prohibiting Defendant from transferring assets of the decedent’s irrevocable living trust into the decedent’s estate.Plaintiff and Defendant were the two surviving children of the decedent. After Defendant was appointed as the personal representative of the decedent’s estate, Plaintiff filed a complaint seeking to prevent Defendant from transferring the assets of the irrevocable trust into the decedent’s estate. Specifically, Plaintiff alleged that Defendant intended to transfer assets from the irrevocable trust to the decedent’s estate by exercising the limited power of appointment in a provision of the irrevocable trust. The district court issued a decision in favor of Plaintiff. The Supreme Court affirmed, holding that Defendant’s intended exercise of the limited power of appointment contained in the decedent’s irrevocable living trust was invalid. View "Jaffe v. Pournaras" on Justia Law