§ 523.08

In re Trombley · 2018 1 citation

+ 1 more citation in this opinion.

In the Matter of: Trust Agreement of Don D. Henyan Created Under Agreement Dated May 1, 2006, as Amended. · 2016 1 citation

3 Henyan also contends that Baglio “abused her power as Decedent’s attorney-in- fact after Decedent’s death” by making purchases with decedent’s Bremer Bank checking account and credit card. This contention is without a legal basis because, as a matter of law, Baglio’s attorney-in-fact status terminated on decedent’s death. See Minn. Stat. § 523.08 (2014). Henyan’s brief identifies only a few specific expenditures after decedent’s death, which were for utilities for decedent’s condominium. Baglio was appointed personal representative of decedent’s estate. “The powers of a personal representative relate back in time to give acts by the person appointed which are beneficial to the estate occurring prior to appointment the same effect as those occurring thereafter.” Minn. Stat. § 524.3-701. The expenditures at issue surely were beneficial to decedent’s estate. Henyan has not established that Baglio acted inappropriately in making those expenditures.