397 S.W.3d 54
Mo. Ct. App.2013Background
- Irene Lambur executed a durable power of attorney naming Anna Stidham and Jackie Johnson as her attorneys in fact in 2005.
- Anna and Jackie opened two joint survivorship bank accounts with Irene’s funds after transferring Irene’s money from her prior accounts.
- Irene died intestate in May 2005 with the two accounts totaling about $129,134.46.
- Joyce Baxter, as Irene’s estate personal representative, filed a discovery-of-assets petition seeking title/possession to the two accounts’ proceeds.
- The trial court granted summary judgment against Anna and Matt; this court later reversed/ remanded as to Matt, and affirmed as to Anna.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Anna was entitled to possession of the proceeds as a matter of law | Stidham | Baxter/estate argued Anna could not lawfully take beyond $11,000 | Anna not entitled; gift to herself exceeded authority; summary judgment in favor of respondents as to Anna affirmed |
| Whether Irene’s involvement/signature created a genuine issue of fact | Stidham | Estate contends Irene participated in opening accounts | No genuine issue; Irene was not present; accounts were gifts to Anna under PoA |
| Whether Matt benefited from or possessed the funds, creating a triable issue | Stidham | Respondents argue Matt benefited/possessed | Genuine issue of material fact exists; summary judgment reversed as to Matt and remanded |
| Whether the Lambur PoA authorized gifts to the attorney-in-fact beyond the annual exclusion | Stidham | Estate argues PoA allowed gifts | PoA expressly authorized only inter vivos gifts up to $11,000 per year; Anna exceeded authority |
Key Cases Cited
- Bridges v. White, 223 S.W.3d 195 (Mo.App. S.D.2007) (deposit of decedent’s proceeds into joint account with right of survivorship constitutes a gift to attorney-in-fact; strict construction of PoA required)
- Herbert v. Mercantile Trust Co., 152 S.W.3d 353 (Mo. 2005) (written authorization required for attorney-in-fact to gift principal’s property to self; public policy to restrict self-dealing)
- Arambula v. Atwell, 948 S.W.2d 173 (Mo.App.S.D.1997) (strict construction of PoA; need written authorization for gifts by attorney-in-fact)
- In re Estate of Lambur, 317 S.W.3d 616 (Mo.App.S.D.2010) (prior appeal establishing procedural context for discovery-of-assets case)
- Mercantile Trust Co. v. Harper, 622 S.W.2d 345 (Mo.App.E.D.1981) (PoA to be strictly construed; fiduciary duties prevent unauthorized gifts)