To Recover From a Fiduciary for Breach of Duty, the Loss Must be a Result of the Breach
In re Estate of Cenaffra, No. A-5731-17T1 (N.J. Super. App. Div. Sept. 9, 2020)
Defendant was the executrix under the decedent’s last will and had also been the decedent’s agent under a power of attorney. The trial court granted plaintiff’s request to require defendant to provide an accounting for both roles. At trial, defendant invoked her Fifth Amendment right and declined to testify. The trial court ultimately granted judgment against defendant for $200,000 in damages. …