Judge Herron of the Philadelphia Orphans’ Court has denied approval of a nonjudicial settlement agreement, stating that: “The intent of this section [7710.1] is to give all beneficiaries and trustees flexibility in the administration of certain trust matters. Seeking court … Continue reading
Auditor’s report was affirmed, and objections dismissed, that (a) approved the trustees’ liquidation of some family businesses, notwithstanding precatory language expressing desire that businesses continue under the management and control of testator’s immediate family, (b) relied upon previous findings of … Continue reading
Petitioner presented sufficient evidence to show reasonable cause to believe that genetic testing would assist in a determination of paternity, and expert testimony to establish that exhumation of the decedent would provide viable tissue samples for DNA testing. Fox Estate, … Continue reading
In denying a petition by the beneficiaries of a trust to modify the trust to allow the beneficiaries to remove and replace the trustee, Judge Herron has confirmed that the provisions of 20 Pa.C.S. § 7140.1 allowing modification of trusts … Continue reading
This fourth and final part of a four part series describes the changes made by Act 95 of 2014 to the duties and liabilities of agents, as well as a few miscellaneous changes not covered by previous parts.
This third part of a four part series on Act 95 of 2014 describes the changes made to the provisions for liabilities of third parties relying upon, or refusing to accept, a power of attorney.
An appeal from the probate of an undated will was denied without prejudice to the filing of a new petition when a later will has been discovered. Williams Estate, 4 Fid.Rep.3d 344 (O.C. Phila. 4/21/2014). … Continue reading
Preliminary objections upheld, because a party who has been held to lack standing to contest a will also lacks standing to claim an interest in estate assets. Ciuccarelli Estate, 4 Fid.Rep.3d 335 (O.C. Phila. 5/21/2014), aff’d 1251 EDA 2014 (Pa.Super. … Continue reading
Surcharge for administration of estate for 18 years denied when real property held by estate was farmed and productive, there was litigation over condemnation of part of the property, there were disagreements among the beneficiaries over whether to sell or … Continue reading
Change of situs of a testamentary trust was denied under 20 Pa.C.S. § 7708(c) when all qualified beneficiaries and one trustee consented to the change but one trustee did not consent, but change approved under § 7708(g) when the court … Continue reading