The beneficiaries failed to prove that the executor stole from the estate, wasted or mismanaged the estate, or did anything else that would justify removal. The evidence showed that the decedent was a “hoarder” and his house was full of … Continue reading
Daniel Evans
The decedent’s surviving spouse was denied letters of administration, which were granted instead to one of the decedent’s children, when the primary asset of the estate is a residence which the spouse is occupying without payment of rent, there is … Continue reading
Objections filed by the individual beneficiary of two charitable remainder unitrusts to the administration and investments of the trusts, and the legal fees paid by the trusts, were overruled after a hearing on the objections, and so the trustee is … Continue reading
In an action relating to the appointment of a trustee and change of situs of an irrevocable trust, the order of the Orphans’ Court sustaining preliminary objections to an answer and new matter filed by the settlor of the trust, … Continue reading
The appointment of a co-guardian for an incapacitated person was affirmed on appeal despite potential conflicts of interest of the co-guardian when the counsel for the appellants failed to appear at the hearing before the Orphans’ Court and failed to … Continue reading
The intent of the settlor to create a perpetual charitable trust, and not make an outright charitable gift, is protected by the “high standard” of 20 Pa.C.S.A. § 7740.3(e) and the Orphans’ Court acted within its discretion in denying termination … Continue reading
The credible testimony of a reputable attorney who had known the decedent for many years created a presumption of the absence of undue influence. Conflicting testimony as to the health and mental state of the decedent was insufficient to establishe … Continue reading
In a challenge to a transfer of the decedent’s residence during the decedent’s lifetime that was made to the decedent’s daughter by the agents under the decedent’s power of attorney, the brother of the transferee, who was also a co-agent, … Continue reading
It was not an abuse of discretion for the Orphans’ Court to remove the father of the incapacitated person as guardian when the father had failed to provide financial information and turn over assets to a successor guardian as ordered … Continue reading
Executor is required to reimburse estate for estate funds used to pay taxes and expenses of decedent’s business. Sale of property to decedent’s daughter for less than the value reported on the inheritance tax return was approved due to the … Continue reading