Defendant's Attorney:

Description: La Grange, Kentucky, probate lawyers represented the parties in a dispute over the conveyance of real property.

John Warren Nichols III died intestate on December 24, 2021. Roughly a year later, John's estate ("Estate") filed suit against Brian and Rena Parrish, who owned property in La Grange, Kentucky, contiguous to John's residence. In its complaint, the Estate noted John had granted Brian Parrish a durable power of attorney ("POA") on November 30, 2021; and that Brian Parrish, two days before John's passing, and in his role as John's power of attorney, had deeded himself 2.5 acres of John's contiguous property. It alleged that Brian Parrish and Rena Parrish (to whom Brian later deeded joint ownership of the property) had only acquired John's 2.5 acres through misuse of the POA and asserted claims against them for breach of fiduciary duty and for the imposition of a constructive trust. The Siblings, who were beneficiaries of the Estate, were also named as parties to the suit.

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egal issue Did the attorney have the authority to settle the case on behalf of the clients?

Key Phrases Settlement agreement authority. Durable power of attorney. Breach of fiduciary duty. Constructive trust. Evidentiary hearing.

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

Comments: