On remand from the Supreme Court, the Superior Court has held that, even if the settlor and beneficiaries could modify an irrevocable trust to allow the beneficiaries to remove and replace trustees, the modification might still be void for undue … Continue reading
Daniel Evans
Although trustees may employ legal counsel to advise them about discretionary distributions, and to negotiate settlements with beneficiaries, the requested legal fees were largely denied because they were excessive, imprudent, and disproportionate to the value of the trust. Mandell Trust, … Continue reading
For many years, Registers of Wills and Clerks of the Orphans’ Courts have been collecting fees usually designated as “JCP” fees for the Judicial Computerization Project (funded by the “Judicial Computer System Augmentation Account” established by Subchapter C of 42 … Continue reading
The beneficiaries of certificates of deposits which were originally alleged to be “in trust for” accounts, and which had been held to give them standing to challenge actions of decedent’s agents who removed the beneficiary designations before the decedent’s death, … Continue reading
The Orphans’ Court had addressed the argument that the alleged incapacity person had established an adequate support system, so that there was a less restrictive alternative and the appointments of a guardian of the estate and a partial guardian of … Continue reading
The testimony of two doctors who diagnosed the decedent as suffering from dementia before and after she executed a “gifting agreement” transferring valuable coins to her son was sufficient to establish weakened intellect, and the testimony of the son showed … Continue reading
Claim of undue influence was properly rejected when Orphans’ Court found that the decedent did not suffer from a weakened intellect and the alleged influencer did not have a confidential relationship with the decedent. Summary judgment on lack of testamentary … Continue reading
In Notice 2023-54, 2023-31 I.R.B. ____ (7/31/2023), the Internal Revenue Service has provided some guidance on transition rules for both the changes made by the SECURE 2.0 Act of 2022 (Division T of the Consolidated Appropriations Act of 2023, P.L. … Continue reading
Checks that were signed by the decedent’s agent and delivered before the death of the decedent but were not paid from the decedent’s account before death were not completed gifts under Pennsylvania law and so the amounts of the checks … Continue reading
Although the decedent’s business advisor received no direct benefit from the decedent’s will (which named him as the executor and testamentary trustee), he received a collateral benefit from being named the trustee of a discretionary charitable trust, and so a … Continue reading