Income beneficiary of charitable remainder trust who was in Haiti during the earthquake on 1/12/2010 was not exposed to “specific peril” and would not be declared dead until seven years had elapsed. Goodyear Trust, 4 Fid. Rep. 3d 171 (O.C. … Continue reading
Category Archives: Opinions
Appointment of administrator pro tem denied, when conflict of interest, which might incapacitate the executor, was steps taken to defend the will against a contest, which the executor had standing to do (even though without any personal interest under the … Continue reading
Parental rights of incarcerated father, who had a history of criminal activity and has been incarcerated for most of child’s life, were involuntarily terminated. In the Interest of J.M.B., 4 Fid. Rep. 3d 198 (O.C. Bucks 2014) (Opinion by Keller, … Continue reading
Court did not have jurisdiction to approve settlement of litigation in Indiana. Duncan Estate, 4 Fid.Rep.3d 205 (O.C. Fulton 2014) (Order by Meyers, J.) … Continue reading
In a proceeding involving real property owned by three related estates and related individuals, the court approved a private sale among the parties, a partition of the proceeds of sale, and an allocation of costs among the parties. The court … Continue reading
In divorce proceeding of common law marriage, case dismissed because of lack of subject matter jurisdiction (no marriage existed). Court finds both parties in divorce to be untrustworthy, but party claiming common law marriage did not prove with clear and … Continue reading
In an action by the one of executors to compel an accounting by the agents under a power of attorney, the law firm representing the petitioner-executor was disqualified when a principal of the firm had previously represented the decedent and … Continue reading
When two trusts for the same beneficiary have different remaindermen, and one trust is a special needs trust created by her parents and the other is a self-settled irrevocable special needs trust, the court found that the intentions of the … Continue reading
After an account had been filed and before objections, executor petitioned for discovery (specifically interrogatories) from fiduciary of decedent, and court found pre-complaint discovery in civil court analogous and granted petition. Robinson Estate, 4 Fid. Rep. 3d 105 (O.C. Monroe … Continue reading
In petition to remove executor and stop sale of real property for mismanagement, waste, and delay, the court found the executor to be acting reasonably and not wasting or mismanaging estate; petitioners also wanted bond posted as the executor spent … Continue reading