Following Trust under Agreement of Edward Winslow Taylor, 640 Pa. 629, 164 A.3d 1147 (2017), a trust cannot be modified to allow the beneficiaries to remove and replace trustees even with the consent of the settlor under 20 Pa.C.S. § … Continue reading
Category Archives: Opinions
In a proceeding by the executor to recover assets allegedly taken from the estate, beneficiaries claiming interests in the contested assets have standing to object to intervention by a creditor, and the creditor will not allowed to intervene when the … Continue reading
Testimony of bank employee that the signature of the witness to the will was her own, and that she would not have signed as witness if she had not seen the testator sign the will and had identified the testator, … Continue reading
When the will of the decedent did not specifically dispose of mausoleum crypts and burial plots owned by the decedent, the issue of the decedent inherited those burial sites as tenants in common under 20 Pa.C.S. § 2514(14), and have … Continue reading
Real property distributed to one of two beneficiaries before the final division of the estate should be valued at date of distribution, and not date of death, and the net proceeds from the sale of the property by the beneficiary … Continue reading
Decedent lived with neighbors due to health issues, and they cared for him, but claims for the value of the neighbors’ services were denied as requiring speculation as to the intent of the decedent, the time spent by the neighbors, … Continue reading
Appeal from probate filed more than one year after the grant of letters will be dismissed when the petitioner received a notice of estate administration and does not allege fraud upon the court or any other exception to the one … Continue reading
A beneficiary who is entitled to an annuity of $2,400 each year for life from a trust did not have have a “direct, immediate and substantial” interest in transactions reported in the trustee’s account covering a period during which the … Continue reading
The Orphans’ Court did not have jurisdiction under 20 Pa.C.S. § 3521 to reopen the adjudication of the informal account of the guardian of the estate of a minor merely because of allegations that the investments of the guardian underperformed. … Continue reading
Although it is proper to petition a trial court for a stay pending an appeal, a denial of the petition can not be appealed and a petition for a stay must be filed with the appellate court. In re: Passarelli … Continue reading