Guardian compensation of more than $50,000, and legal fees of more than $15,000, approved out of an incapacitated person’s estate of approximately $1,300,000 for extraordinary services over a ten month period, including two medical procedures, maintenance and sale of the incapacitated person’s residence after litigation over a cloud on the title, and relocating the incapacitated person to a different residence. Dardiarian, an Incapacitated Person, 7 Fid.Rep.3d 249 (Chester Co. O.C. 2017).
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 Administration 200 Confidential Documents; No. AD-1192-2017” (Clinton Co. 9/26/2017), 47 Pa.B. 7019 (11/18/17).
“Order Implementing Section 7 of the Public Access Policy of the Unified Judicial System of Pennsylvania; CP-33-AD-21-2017,” (Jefferson Co. 11/1/2017), 47 Pa.B. 7021 (11/18/2017).
“Revision of Local Rule of Judicial Administration 520 Governing the Case Documents Public Access Policy; CPJ. No. 7, Page 1357; No. 16 AD 2017,” (Lancaster Co. 10/30/2017), 47 Pa.B. 7021 (11/18/2017).
“Judicial Administration; CP-60-AD-6-2017” (Union Co. 10/27/2017), 47 Pa.B. 7025 (11/18/2017).
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 false statements were made and no injury can be shown. Passarelli Family Trust, 2017 PA Super 366 (11/16/2017), dec. withdrawn and en banc rearg. granted, 3150 EDA 2016 (1/12/18), rev’g 7 Fid.Rep.3d 63 (O.C. Chester Co. 2016).
Update: The en banc decision was published as Passarelli Family Trust, 2019 PA Super 95 (3/28/2019) (en banc).
Update: An appeal has been allowed by the Supreme Court, 235 MAL 2019 (9/11/2019), and the decision of the Superior Court was affirmed, ___ A.3d ___, 71 MAP 2019 (Pa. 12/22/2020).
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).
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 was filed more than one year after probate without any specific allegation of any fraud upon the Register. Gordon Estate, 7 Fid.Rep.3d 233, No. 955 AP of 2014 (Philadelphia O.C. 3/20/2017), aff’d, 1175 EDA 2017 (Pa. Super. 11/15/2017) (non-precedential).
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 in favor of the estate even though the decedent continue to occupy the property and pay the expenses of maintaining the property, but the “appurtanence clause” in the deed did not transfer ownership of the personal property located on the property, which remained the property of the decedent. Gilbert Estate, 7 Fid.Rep.3d 225 (Chester Co. O.C. 2017)
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 settlor. Dixon Estate, 7 Fid.Rep.3d 221 (Cumberland Co. O.C. 2014).
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 approving the charitable beneficiaries selected by the corporate trustee without first taking evidence needed to determine the intent of the settlors of the trust. In re: John E. Jackson and Sue M. Jackson Charitable Trust, 2017 PA Super 350 (11/7/2017).
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 decedent’s lifetime, was filled in by her agent and not by the decedent, and failed to designate a contingent beneficiary, but the court’s finding that the account was not a testamentary asset was vacated and the case remanded so that the court could address the claim that the beneficiary designation was the result of undue influence by the agent. In re: Estate of Anna S. Wierzbicki, 2017 PA Super 346 (11/6/2017).
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 by the estate would have been negligible. Dewalt Estate, 7 Fid.Rep.3d 200 (Lycoming Co. O.C. 2017).