In allocating a settlement for improper distributions from a trust between income and principal, the court determined the amount of income that would have been earned by the trust by looking at the income earned by a similar trust created … Continue reading
Daniel Evans
Daughter’s request for reimbursement for legal fees and costs incurred in guardianship proceedings for her incapacitated father was denied because the daughter did not create new funds for her father or “provide a similar special service,” and an incapacitated person’s … Continue reading
Will provided for the residue to pass in equal shares to the two grandchildren and, if a grandchild was under the age of 25, his or her share was to be held in trust until age 25 or, if incapacitated, … Continue reading
The Orphans’ Court Procedural Rules Committee is considering amendments to a number of Orphans’ Court rules to change references to “master” to “hearing officer.” The purpose of the amendments is to eliminate a term that has “a perjorative connotation” in … Continue reading
The various Supreme Court Procedural Rules Committees have proposed a new set of rules for the interpretation and construction of the rules promulgated by the Supreme Court, including the Rules of Orphans’ Court Procedure. Proposed Rules of Judicial Administration 104 … Continue reading
An allegation that the decedent wanted to “discuss” adding the plaintiffs to his will or making gifts to them is not sufficient to state a cause of action for intentional interference with an inheritance, and there is no cause of … Continue reading
It is proper for a court to enforce a prior settlement order against an insurance company for a wrongful death and survival action, even though the settlement amount exceeds the policy limits, when the initial release was prepared by the … Continue reading
Although the trustee had the discretion to deny requested withdrawals by the beneficiary if in the opinion of the trustee the beneficiary is suffering from a disability that renders him unable to manage his own affairs, the trustee failed to … Continue reading
There was evidence of donative intent by the decedent to give her former son-in-law $500,000, but not $1,000,000, so the transfer of $1,000,000 by the decedent was a partial gift, but the gift was invalid because of the presumption of … Continue reading
In a challenge to the validity of a deed executed seven months before the death of the decedent, the petitioner did not provide clear and convincing evidence of lack of capacity or weakened intellect when witnesses provided conflicting accounts of … Continue reading