The Orphans’ Court may order a judicial sale of property under 20 Pa.C.S. 3353 over the objections of the holder of a mortgage lien and the lien will attach to the proceeds of sale. In re: Estate of Anna Marie … Continue reading
Category Archives: Opinions
Failure to list property addresses in the schedule to an irrevocable trust was not sufficient evidence of fraud in the inducement to void the trust when the corporate owners of the properties were listed and were accurately valued, there being … Continue reading
Conservator appointed in California did not have authority to bind his conservatee to an arbitration agreement in Pennsylvania when the conservator did not follow the procedures to transfer or register the conservatorship under the Uniform Adult Guardianship and Protective Proceedings … Continue reading
The beneficiaries of a revocable trust have no standing to object to investments made by the trustee during the settlor’s lifetime to which the settlor consented and approved because the duties of the trustee were owed exclusively to the settlor. … Continue reading
A pro se appellant’s statement of issues on appeal which was 32 pages long and a “discursive, argumentative, and incoherent rant” violates R.A.P. 1925(b) and should be considered to waive all issues. The appeal should also be dismissed on its … Continue reading
A beneficiary who is entitled to an annuity from a trust has standing to object to the account of the administration of the trust, to object to the division of the trust, to object to a new fee schedule for … Continue reading
The appointment of an emergency guardian of the person or estate renders the alleged incapacitated person legally incapable of making decisions about matters expressly assigned to the guardian. Whether an emergency guardianship of the estate is still valid more than … Continue reading
Nephew who would have received half of estate under unsigned amendment to the decedent’s revocable trust, but instead of half of the estate, did not have standing in malpractice action against lawyers who prepared the trust amendment under Agnew v. … Continue reading
Counsel fees of 5% of the first $100,000 of the estate and 3% of balance over $100,000 were approved, but should have been paid from residuary estate and not proceeds of sale of property that had been specifically devised. Executor’s … Continue reading
Surcharge against guardian should be upheld on appeal because guardian never requested a continuance of the surcharge hearing and her absence from the hearing was part of a pattern of obdurate and dilatory conduct. Estate of Estelle Segal, No. 2, 9 … Continue reading