In Re Estate of Rabinowitz

Laurel Green Fisher Rabinowitz appeals from the trial court’s order denying her petition to declare invalid the power of attorney that decedent Benjamin Rabinowitz granted to his brother. We affirm.

FACTS AND PROCEDURAL BACKGROUND

Benjamin Rabinowitz, who customarily used Ben as his first name, was diagnosed with terminal brain cancer in July 1999. On August 11, 1999, he signed a durable power of attorney form naming his brother, respondent Daniel Fisher, as his attorney in fact. That day or the next, Ben told his mother, respondent Jenee Fisher Rabinowitz, that he had given Daniel a power of attorney. A month or two later, Ben repeated himself, telling his cousin, Spence Patterson, the same thing.

In October 1999, Ben married appellant Laurel Green Fisher Rabinowitz. A little over a year later in January 2001, he died without leaving a will. Two weeks before Ben’s death, however, Daniel established the B.R. Fisher Trust with Ben’s separate property because Ben wanted his estate to go to charity.

In November 2001, appellant, who stood to inherit one-half of Ben’s estate if his gift to charity were defeated, filed a petition challenging Daniel’s power of attorney in…