Co-executors failed to account and $765,000 was missing from estate; the court surcharged both executors severally and jointly liable for commission fees, counsel fees, and missing funds. Loher Estate, 3 Fid. Rep. 3d 71 (O.C. Chester 2012) … Continue reading
Administrator1
Co-executor not protected by laches from liability for the other co-executor’s actions because no account was confirmed, neither petitioned for permission to resign, the time that passed was not unreasonable, and the co-executor was not prejudiced by delay. Loher Estate … Continue reading
Petition by counsel for administrator seeking return of payment to Department of Public Welfare denied for “unclean hands” when previous petitions were deceptive and for lack of express authority. Robles Estate, 3 Fid. Rep. 3d 81 (O.C. Philadelphia 2012) … Continue reading
Decedent had promised a large portion of estate to a college, but probated will only left 10%; college petitioned court to allow discovery of all prior wills, and the court granted the motion, so the college had standing in a … Continue reading
Co-executor who occupied decedent’s home without payment of rent, and who ignored several court orders, was ordered to vacate the home, the court finding that equitable relief should be denied for “unclean hands” and laches. Clouser Estate, 3 Fid.Rep.3d 94 … Continue reading
Inheritance tax on non-estate assets should not have been paid from the estate when the decedent died intestate. The inheritance tax on non-estate assets should be calculated without regard to deductions unless it can be shown that the transferees of … Continue reading
Court imposed attorney fees against counsel under Pa.C.S. § 2503(7) for dilatory conduct but denied imposing attorney fees for commencing a matter arbitrarily, vexatiously, or in bad faith under Pa.C.S. § 2503(9) even though the testimony on the alleged forgery … Continue reading
Modification of trusts under 20 Pa.C.S. 7740.1(b) to change corporate co-trustee, and to make it easier to change the corporate co-trustees in the future, was approved when the corporate co-trustee being removed did not object and the modification was not … Continue reading
Decedent drafted his own will, which had two specific bequests to two of his five children and explicitly said that he intentionally failed to provide any distributions to his other three children, but the will lacked a residuary clause. The … Continue reading
Court disqualified counsel under Rule of Professional Conduct 1.9, applying the “substantial relation” test to former counsel’s representation of the current adversary party. Temkin Estate, 3 Fid.Rep.3d 37, 3 Fid.Rep.3d 261 (O.C. Bucks 2012) (Opinion by Gilamn, J.), appeal quashed, … Continue reading