The Pennsylvania legislature has passed, and Governor Shapiro has signed into law, a renewed section 2802-E of the Administrative Code of 1929, Act of April 9, 1929, P.L. 177, No. 175, to reimpose the “JCP” temporary surcharges of $10.00 and … Continue reading
Daniel Evans
A surviving spouse who received erroneous legal advice and failed to elect against the will should not be required to pay legal fees of the executor when she mistakenly files objections to the account of the executor and then withdraws … Continue reading
The denial of disqualification of counsel representing multiple beneficiaries is not an appealable order under the collateral order doctrine even when there is alleged to be a non-waivable conflict of interest among the beneficiaries when the counsel did not previously … Continue reading
When a trust has given the surviving spouse an unlimited right to withdraw principal and a later amendment gives the spouse the right to withdraw the greater of $5,000 or 5% of the trust principal, the amendment demonstrates the intention … Continue reading
Voiding an act of self-dealing by an executor, and not surcharge, is a proper remedy when the recipient of the transfer of estate property is the executor’s wife and she is complicit, and the transfer cannot be justified as an … Continue reading
Executor was removed who failed to probate will for five years and then failed to make any distribution of the estate for nine years, failing to give notices of estate administration, failing to advertise the grant of letters, failing to … Continue reading
It was a breach of fiduciary duty for the trustee to fail to ensure legal fees were reasonable and failing to review and question the fees charged, which were excessive in relation to the value of the trust (almost one … Continue reading
It was not an abuse of discretion for the Orphans’ Court to dismiss the incapacitated person’s petition to reconsider or modify the original adjudication of incapacity without a hearing when the petition merely alleged that the incapacitated person “no longer … Continue reading
A revocable trust was a “living trust” and so exempt from realty transfer tax even though the trust document originally allowed distributions to persons other than a settlor if a settlor became incapacitated because a retroactive modification of the trust … Continue reading
The Administrative Office of the Pennsylvania Courts has announced that, beginning on Monday, October 2, 2023, appellate briefs that have been filed for cases in the Supreme, Superior, and Commonwealth Courts will be available for viewing through the UJS Web … Continue reading