Double Whammy The Woman Who Paid Taxes on Stolen Funds
A durable power of attorney is one of the most critical documents in any estate plan, but this cautionary tale demonstrates just how quickly things can go wrong. To read Craig’s full thoughts, visit FloridaEstatePlanning.com/double-whammy. Who we name as our agent under a durable power of attorney (DPOA) document is vital to our financial, legal, and tax well-being. I regularly engage in serious conversations with my clients about who they should name in the roles of trustee and durable power of attorney. Most importantly, you never want to give full authority over your
financially, diverting her income (mainly from Individual Retirement Account (IRA) distributions) for his personal use. Chip filed his mother’s tax returns and paid her income tax from her funds, even though the money he withdrew from the IRAs was not primarily used for his mother’s care but for his own. Upon discovering Chip’s malfeasance, Mary Ellen’s daughter Julianne filed an action in Louisiana court to remove Chip. She also filed amended tax returns seeking a refund of over $519,000 because Mary Ellen didn’t benefit from the IRA distributions. While taxing someone on funds they arguably never benefited from seems unfair, the U.S. District Court in Louisiana found the theft of Mary Ellen’s IRA inadmissible at trial. The court reasoned that the IRA distributions were paid to Mary Ellen’s checking account, so what happened after that is irrelevant. The lesson learned is that sometimes you can’t even trust your own children — and the law may be unable to protect you. Trusts and DPOAs are vehicles used to avoid the expense and time related to court supervision over our personal legal, tax, and financial affairs. But because there is no court supervision, fraud is
legal and financial affairs to someone who will take advantage of you. Most of us trust our children, but a recent case demonstrates what can go wrong. Mary Ellen Nice, a resident of Louisiana, granted a DPOA to her son, Chip. A few years after giving Chip the DPOA, Mary Ellen was diagnosed with Alzheimer’s. Chip then exploited his mother
much easier to commit. Be sure the parties you name will only have your interest at heart and not their own when you are most vulnerable.
TAKE A BREAK!
INGREDIENTS
Crust •
• • • • • • • •
2/3 cup packed light brown sugar
1/2 cup honey
3 cups all-purpose flour
1/4 cup all-purpose flour 1/4 cup melted butter 1 tsp ground cinnamon
• • •
1 cup cold unsalted butter, cubed
3/4 cup powdered sugar
1 tsp salt
1/2 tsp salt
Filling •
1/2 tsp ground ginger 3 cups chopped pecans
4 eggs
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1 cup corn syrup
DIRECTIONS 1. Preheat oven to 350 F. Use baking spray to grease a 13x9-inch pan before lining with parchment paper. 2. In a food processor, blend crust ingredients until a crumble forms. Press mixture into pan. Bake until light golden brown, about 20 minutes (crust will have cracks). 3. In a bowl, whisk all filling ingredients (except pecans) together until smooth. Stir in pecans and pour over crust. Bake until set, around 30 minutes, then let cool completely in pan.
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