Although the trust instrument restricted distributions of principal, the trustee nevertheless had the power under a provision of the Uniform Principal and Income Act (“UPIA”), 20 Pa.C.S. § 8104, to allocate amounts of principal to income, and distribute that income … Continue reading
Category Archives: Opinions
The Orphans’ Court properly found that the alleged incapacitated person (“AIP”) was incapacitated and in need of guardianship services, notwithstanding the testimony of the AIP to the contrary, based on medical testimony that the AIP had impaired short-term memory, so … Continue reading
The fiduciary exception to the attorney-client privilege does not apply to attorney records relating to a civil action brought by a trustee against one of the beneficiaries to enforce an indemnification agreement entered into for a distribution to that beneficiary, … Continue reading
It was not a breach of fiduciary duty for the proceeds of sale of a property to be paid half to the two co-owners, mother and daughter, even though the daughter was the mother’s agent under a general power of … Continue reading
It was an error of law, and so an abuse of discretion, for the Orphans’ Court to deny a third petition for a guardian of the person when there was evidence that the electroconvulsive treatments (“ECT”) that were administered to … Continue reading
Objection to notice of intention to serve subpoenas on medical providers was denied even though the subpoenas covered time periods not relevant to whether the decedent had testamentary capacity, but a motion for a protective order was granted and the … Continue reading
After being removed as executor, the former executor was held in contempt for failing to turn over the assets and records of the estate to the successor executor, for failing to file an account of her administration of the estate, … Continue reading
A denial of a motion for recusal is an interlocutory order not subject to appeal. It is also not error for a judge to preside at the hearing on the recusal motion, for the judge to refuse to allow himself … Continue reading
The Philadelphia Orphans’ Court had no jurisdiction in a dispute over the burial of the decedent because the decedent was not domiciled in Pennsylvania and owned no property in Philadelphia, the decedent died outside of Pennsylvania, the decedent’s body was … Continue reading
In an action by the estate of a beneficiary of a trust and the charitable organization to which she attempted to appoint her share of the trust against the trustees for breach of fiduciary duty for failing to create a … Continue reading