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Home→Author Daniel Evans - Page 83 << 1 2 … 81 82 83 84 85 … 119 120 >>

Author Archives: Daniel Evans

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New Local Public Access Rules

Four more counties have adopted public access rules to comply with Section 7 of the Public Access Policy of the Unified Judicial System of Pennsylvania, which applies to the Clerks of the Orphans’ Courts. “Adoption of Local Rule of Judicial … Continue reading →

Posted in News, Rules and Regs. | Tagged Local Rules, Public access policy

Trust not Voided for Fraud in the Inducement

Failure to list property addresses in the schedule to an irrevocable trust was not sufficient evidence of fraud in the inducement to void the trust when the corporate owners of the properties were listed and were accurately valued, so no … Continue reading →

Posted in Opinions | Tagged Fraud in the inducement, PEF 7736

Grandmother Lacked Standing in Termination of Parental Rights

Maternal grandmother lacked standing to object to termination of mother’s parental rights even though grandmother had custody of children and would have standing in future adoption proceedings.  Adoptions of S.W. and J.W., 7 Fid.Rep.3d 246 (Montgomery Co. O.C. 2017). … Continue reading →

Posted in Opinions | Tagged Parental rights, Standing

De Minimus Legatee Lacked Standing

An intestate heir who was entitled to a gift of $5.00 under a prior will did not have standing to object to the probate of a later will, and the appeal from probate was properly dismissed as untimely when it … Continue reading →

Posted in Opinions | Tagged Appeal from probate, PEF 908(a), Standing

Personal Property, but not Real Property, Was Part of Estate

When decedent deeded property to one of his four children, and there was no credible evidence of any promise or expectation that the property would be reconveyed back to the decedent, the property was not subject to a constructive trust … Continue reading →

Posted in Opinions | Tagged Appurtenance clause, Constructive trust, Deed to personal property

Rights of Beneficiaries of Revocable Trust

Although remainder beneficiaries of the decedent’s revocable trust may have standing to object to the trustee’s account of transactions during the settlor’s lifetime, their objections have no merit because under 20 Pa.C.S. 7753(a) the trustee owed duties exclusively to the … Continue reading →

Posted in Opinions | Tagged Breach of Fiduciary Duty, PEF 7753, Revocable trust

Trustee Deadlock on Charitable Distributions

In a dispute between individual trustees and the corporate trustee over discretionary distributions from a charitable trust, the individual trustees have standing to appeal an adverse decision because it affects the rights of unascertained beneficiaries.  The Orphans’ Court erred in … Continue reading →

Posted in Opinions | Tagged Settlor's intent, Standing, Trustee decisions

“Death Bed” Transfer on Death Designation Valid

Orphans’ Court properly denied motion for summary judgment claiming that a transfer on death beneficiary designation signed by decedent and delivered to her bank shortly before her death was invalid because it was not accepted by the bank during the … Continue reading →

Posted in Opinions | Tagged Transfer on death designation

Executor Commission of 3% Approved

Executor’s commission that fell between 3% of the inventory value and 3% of the inheritance tax value was approved, and a surcharge for early distribution to the executor was denied when the amount of interest that would have been earned … Continue reading →

Posted in Opinions | Tagged Duty of impartiality, Executor Commission

Agents without Power to Create Joint Accounts

Power of attorney did not include power to create joint accounts with rights of survivorship, or to commingle assets of the principal with the agents, so the creation of a joint account was invalid and the money in the account … Continue reading →

Posted in Opinions | Tagged Joint accounts, Power of Attorney

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