Estate of Stoebner v. Huether
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The Supreme Court affirmed the judgment of the circuit court granting summary judgment in favor of the Estate of Kenneth Stoebner in this breach of fiduciary duty claim against Curtis Huether, who served as Stoebner's attorney-in-fact under a power of attorney, holding that summary judgment was properly granted.
Under his role of Stoebner's attorney-infant Huether executed a sale of Stoebner's real property to himself four days before Stoebner died. Stoebner's Estate commenced this action for breach of fiduciary duty, alleging that Huether engaged in an act of self-dealing when he executed the purchase agreement and warranty deed in his own favor as the attorney-in-fact for Stoebner. The circuit court granted summary judgment to the Estate and ordered that the sale be declared null and void. The Supreme Court affirmed, holding that no genuine disputes of material fact existed regarding Huether's fiduciary duty to Stoebner to not engage in acts of self-dealing under the provisions of the power of attorney.
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