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
Daniel Evans
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
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
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
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
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
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
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
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
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