In the Matter of Alice R. Lange, Deceased; Gregory J. Lange (Petitioner-Appellant) v. Marsha A. Dixson (Respondent-Respondent)
Attorneys and Parties
Brief Summary
Trusts and estates/probate—standing to compel an accounting from an agent under a durable power of attorney pursuant to General Obligations Law § 5-1510 [authorizes a special proceeding to compel an agent under a power of attorney to account for all receipts, disbursements, and transactions].
The Surrogate's Court dismissed the petition for lack of standing, holding that following the principal's death only the estate's personal representative could seek the accounting.
The Appellate Division reversed the dismissal, denied the motion, and reinstated the petition.
Because General Obligations Law § 5-1510(3), read with § 5-1505(2)(a)(3) [identifies who has standing to seek judicial intervention regarding a power of attorney], lists multiple, alternative petitioners—including a child of the principal—without limiting post-death petitions to a personal representative; the statutory text uses "any" and the disjunctive "or," and the court declined to read a restriction into the statute.
Background
Petitioner Gregory J. Lange sought an order compelling his sister, Marsha A. Dixson, to provide all bank statements, receipts, disbursements, and transactions she made as agent for their mother under a durable power of attorney.
Lower Court Decision
Surrogate's Court granted respondent's motion to dismiss for lack of standing. On petitioner's motion to reargue, the court acknowledged § 5-1510(3) but adhered to its original determination that, due to the principal's death, only the personal representative of the estate could bring the proceeding.
Appellate Division Reversal
The Appellate Division held that a child of the principal has standing under § 5-1510(3) to commence the special proceeding even after the principal's death. The court emphasized the statute's plain language providing a list of equal, alternative petitioners and rejected the Surrogate's limitation to personal representatives. It reversed, denied the motion to dismiss, and reinstated the petition.
Legal Significance
Clarifies that, under New York's power of attorney statutes, a child of the principal retains standing to compel an accounting from an agent after the principal's death; courts must apply the plain statutory text listing multiple alternative petitioners rather than infer a post-death restriction.
A child of a deceased principal has standing under GOL § 5-1510(3) to compel an accounting from a former agent; death does not limit petitions to the personal representative.