The Orphans’ Court approved the modification of a testamentary trust for the benefit of the settlor’s son in order to allow distributions of principal for the medical expenses and support of the settlor’s son, the court finding that the settlor … Continue reading
Category Archives: Opinions
The Orphans’ Court approved the termination of life sustaining treatment for the alleged incapacitated person (AIP) at the request of the daughter of the AIP and over the objections of the son of the AIP based on testimony of several … Continue reading
Decree allowing eviction of a beneficiary in possession of the residence which is the major asset of the estate, and the sale of which is necessary for the administration of the estate, is not an appealable order because it is … Continue reading
The decedent’s note was silent on how interest was to be calculated, and the court would not consider extrinsic evidence in the form of amortization schedules, so the interest on the unpaid principal was to be calculated as simple interest … Continue reading
The document offered as a codicil to the decedent’s will was allegedly signed by the decedent in the hospital two days before her death and was denied probate by the Register of Wills. Based on the contents of the document … Continue reading
The petition filed by a daughter challenging the gifts made to the other daughter four years before the mother was adjudicated incapacitated was denied because: (a) The lawyer who had represented and advised the incapacitated person (IP) in 2011 and … Continue reading
The decision of a Mental Health Hearing Officer for an involuntary commitment for treatment for 20 days was affirmed based on information in medical records that was read into evidence and which fell within the regular records exception to the … Continue reading
The compensation of the trustees of a revocable trust following the death of the settlor was found to be reasonable, objection to valuation of rare musical instruments was overruled because the actual values could only be determined by sales of … Continue reading
Applying Florida law, the court denied motions: (a) to order distribution of the entire trust even though the beneficiary had reached the age of 35 and had exercised his right to withdraw the balance of the trust, and instead allowed … Continue reading
The successor trustee of a New York trust created by New York residents was entitled to a writ of possession for real estate transferred to the trust by the settlors during their lifetimes when the daughter of the settlors who … Continue reading