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Home→Author Daniel Evans - Page 2 << 1 2 3 4 … 100 101 >>

Author Archives: Daniel Evans

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Trustee Removed and Assessed Legal Fees

Posted on August 18, 2023 by Daniel EvansAugust 18, 2023

The trustee was properly removed for commingling trust assets with his own, failing to make distributions in accordance with the trust instrument, and making distributions to himself without the approval of a disinterested trustee as required by the trust instrument. … Continue reading →

Posted in Opinions | Tagged Attorney fees, Trustee decisions, Trustee discretion, Trustee removal

Genetic Testing Determinative of “Issue”

Posted on August 18, 2023 by Daniel EvansAugust 18, 2023

A claimant born during the marriage of the decedent and the person’s mother, and “held out” by the decedent as a child of the decedent, was nevertheless not an “issue” entitled to an intestate share of the decedent’s estate when … Continue reading →

Posted in Opinions | Tagged Intestacy, Paternity, Presumption of paternity

Proposed Indian Welfare Adoption Rules

Posted on August 18, 2023 by Daniel EvansAugust 18, 2023

The Orphans’ Court Procedural Rules Committee has proposed amendments to Pa.R.O.C.P. Ch. 15, “Adoptions,” to comply with the federal Indian Child Welfare Act and its regulations. “Proposed Amendment of Pa.R.O.C.P. 15.2, 15.3, 15.7, 15.8, 15.9, 15.10, and 15.13,” 53 Pa.B. … Continue reading →

Posted in News, Rules and Regs. | Tagged Adoption

Executor under Prior Will Lacked Standing in Will Contest

Posted on August 15, 2023 by Daniel EvansAugust 15, 2023

The sister of the decedent, who was the decedent’s sole intestate heir but whose only interest under the previous will of the decedent (from 1987) was as an executor, had no standing to appeal from the probate of the decedent’s … Continue reading →

Posted in Opinions | Tagged Appeal from Register, standing

Proposed Amendment to Appellate Procedure for Orphans’ Court Appeals

Posted on August 11, 2023 by Daniel EvansAugust 11, 2023

The Appellate Court Procedural Rules Committee has proposed changes to the Rules of Appellate Procedure that would require the notice of appeal in an appeal from the Orphans’ Court to specifically state that it is an Orphans’ Court appeal, which … Continue reading →

Posted in News, Rules and Regs. | Tagged Appeal, Pa.O.C. Rules, Pa.R.A.P. 342

Possible Undue Influence in Trust Modification

Posted on August 11, 2023 by Daniel EvansAugust 11, 2023

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 →

Posted in Opinions | Tagged Confidential relationship, standing, Trust Modification, Undue influence

Legal Fees of Trustee Denied as Excessive

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 →

Posted in Opinions | Tagged Attorney fees

JCP Fee Expired in Part

Posted on August 3, 2023 by Daniel EvansAugust 3, 2023

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 →

Posted in News, Statutes | Tagged Fee Schedule

Beneficiaries Had Standing Whether Accounts Were “In Trust For” or Joint

Posted on July 28, 2023 by Daniel EvansJuly 28, 2023

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 →

Posted in Opinions | Tagged Joint Tenancy, Multiple-Party Account Act, standing, Tentative trusts

Adjudication of Incapacity Upheld Despite Existence of Support System

Posted on July 28, 2023 by Daniel EvansJuly 28, 2023

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 →

Posted in Opinions | Tagged Incapacitated Person, Less restrictive alternative

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