In Re Estate of Kurrelmeyer

Burgess, D.J.,

¶ 1. Specially Assigned. Martina Kurrelmeyer appeals an order of the Chittenden Superior Court declaring void, as a matter of law, the revocable inter vivos trust she created under her husband’s durable power of attorney prior to his death. Mr. Kurrelmeyer’s surviving children claimed the power of attorney did not grant authority to create a trust and that transfer of Mr. Kurrelmeyer’s property to the trust constituted unauthorized self-dealing and a breach of Martina Kurrelmeyer’s fiduciary duty as her husband’s agent. We reverse the superior court’s determination that the…