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
Daniel Evans
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
(This article originally appeared in the PBA Real Property, Probate and Trust Law Newsletter, No. 75, p. 19 (Summer 2014).) [This article has not yet been updated to reflect the enactment of the Directed Trust Act as part of Act...
Provision of will allowing decedent’s wife and daughters to operate “farms” on decedent’s property did not allow the executor to continue to administer the property forty-three years after the decedent’s death when only a part of the property was leased … Continue reading
Specific performance of option to purchase real estate was enforced against the estate, notwithstanding delay of more than 10 years from the initial order allowing the exercise of the option and the recording of a lis pendens, the court finding … Continue reading
Objections to executor’s account were denied to the extent they related to a private auction of real estate among the beneficiaries because the sale had been authorized and approved by the court in previous litigation, even though the terms of … Continue reading