Wild v. Cocivera
A Superior Court may lack jurisdiction over allegations that a relative who was granted power of attorney during the decedent's life, and became co-owner of the decedent's bank accounts, used his power of attorney during the decedent's life to deplete the decedent's estate. The plaintiffs alleged the following facts, which have not been proven. The plaintiffs' mother provided the plaintiffs' brother, Joseph Cocivera Jr., with a power of attorney, and he became a co-owner of the mother's bank accounts and was allowed to use his mother's credit card for his own, personal purchases. Allegedly, when the plaintiffs' mother passed away, the plaintiffs' brother received $81,287 from bank accounts that did not become part of the mother's estate, and he did not reimburse the estate for amounts charged to the mother's credit card. The plaintiffs' brother served as the estate executor, and the Probate Court approved the final account. The plaintiffs sued, alleging that the plaintiffs' brother breached his fiduciary duties and failed to include all of the estate assets in the final account. The defendant moved to dismiss. The Superior Court found that the alleged conduct took place prior to the time that the plaintiffs' mother passed away and did not involve the defendant's conduct as estate executor. The Superior Court lacked jurisdiction over the plaintiffs' allegations that the defendant used his power of attorney during the decedent's life to deplete the decedent's estate, and it granted the defendant's motion to dismiss.