Language in trust document regarding creditors of beneficiaries did not restrain voluntary assignments of beneficial interests and so was not a valid spendthrift clause. Further, even a valid spendthrift clause would not have prevented the beneficiary from assigning distributions as … Continue reading
Daniel Evans
The Supreme Court of Queensland, Australia, has admitted to probate a document written on a iPhone before the owner committed suicide, finding that the document exists, states the testamentary intentions of the deceased, and was intended to be the decedent’s … Continue reading
Westmoreland County has rescinded local Rule WO407(b)(1) and adopted a new Rule WO407(b)(1), recognizing the new $50,000 limit on small estate petitions. “Rescinding Orphans’ Court Rule WO407(b)(1),” No. 3 of 2015, 45 Pa.B. 6116 (Westmoreland Co. 10/10/2015) (effective 30 days … Continue reading
Surviving spouse who unsuccessfully attempted to elect against the decedent’s will and who took other actions to challenge the validity of a prenuptial agreement ordered to pay reasonable legal fees to the estate in accordance with the prenuptial agreement, and … Continue reading
Preliminary objections by Attorney General to petition of agent upheld, the court finding that it did not have the power to undo annuity beneficiary designations made by agent during decedent’s lifetime. Scutchall Estate, 4 Fid.Rep.3d 311 (O.C. Franklin Co. 2015) … Continue reading
According to a report of the Joint Committee on Taxation, President Obama’s fiscal year 2016 budget includes the following measures affecting estates and trusts: Restore the estate, gift, and generation-skipping exclusions and rates in effect in 2009 (i.e., $3,500,000 estate … Continue reading
It was not an abuse of discretion for the Orphans’ Court to deny termination of mother’s parental rights when mother had maintained contact with child while in foster care and had made some progress in maintaining emotional stability, and there … Continue reading
It was not an abuse of discretion for the Orphans’ Court to deny father’s request for a continuance of a termination hearing in order to obtain counsel when father received adequate notice of the hearing and of his right to … Continue reading
Can the beneficiaries of a trust agree to a modification of the trust in accordance with 20 Pa.C.S. § 7740.1 that allows them to remove and replace a corporate trustee without any showing that the trustee can be removed in … Continue reading
A trust may be modified under 20 Pa.C.S. § 7740.1(d) to allow the beneficiaries to remove and replace a corporate trustee without regard to the conditions for removing trustees under 20 Pa.C.S. § 7766. Trust under Agreement of Edward Winslow … Continue reading