Reineck v. LemenAnnotate this Case
Frank Still and Jane Still, who were married, created trusts in 1991 and amended those trusts in 1999. Also in 1999, Frank executed a durable power of attorney. Frank designated Jane as his attorney-in-fact should he become incapacitated and LaVerne Lemen, his daughter, as his successor attorney-in-fact. Frank’s other child was Jeffrey Still. Frank’s power of attorney vested his agent with broad powers. In 2011, Jane died, and Lemen and Still received nothing from Jane’s estate. Upon Jane’s death, Lemen became Frank’s attorney-in-fact, and she and Still became co-trustees of Frank’s trust and the executors of his will. Lemen and Still relied on the broad power of attorney to create an inter vivos trust that disinherited Jane’s heirs and provided for Lemen and Still to receive Frank’s entire estate at his death. William Reineck, Jane’s heir, filed suit against Lemen and Still, alleging breach of fiduciary duty. The trial court granted summary judgment for Lemen and Still. The Supreme Court affirmed the judgment with the exception of the award of attorney’s fees against Reineck personally, holding (1) Lemen’s actions were authorized by the power of attorney; and (2) the court erred in awarding attorney’s fees.