The Superior Court affirmed a decision of the Orphans’ Court holding that a trust modification that allowed the beneficiaries to remove and replace trustees was ineffective even with the consent of the settlor. Garrison Trusts, 10 Fid.Rep.3d 189 (Montgomery O.C. … Continue reading
Category Archives: Opinions
A 1954 letter from the corporate trustee stating that its compensation would be 5% of income was a fee agreement binding the trustee, and the trustee did not provide sufficient evidence that additional compensation should be allowed under 20 Pa.C.S. … Continue reading
Addressing a series of inter-related in limine motions and motions for summary judgment, the court held that: Although a party with an interest adverse to the estate may be barred from testifying under the Dead Man’s Act, the spouse of … Continue reading
A motion to allow the deposition of possible witnesses that was made seven months after the witnesses were identified in supplemental answers to interrogatories, five months after the close of discovery, a month after receiving the other party’s pretrial memorandum, … Continue reading
When a will has no provisions for the resignation of, or successors to, a testamentary trustee, 20 Pa.C.S. §§ 7765(a.1(e) and 7764(c)(2) allow the beneficiaries to accept the resignation of the corporate trustee, and allow the qualified beneficiaries to appoint … Continue reading
When a testator divorces, then remarries the former spouse, and then dies without changing the will from the first marriage, the surviving spouse is entitled to an intestate share under 20 Pa.C.S. § 2507(3). In re: Estate of Tom D. … Continue reading
A beneficiary who is entitled to an annuity of $2,400 each year for life from a trust of about $73 million had standing to object to transactions of the trustee alleged to be breaches of fiduciary duties, as well as … Continue reading
The Register of Wills did not abuse her discretion or commit an error of law in denying letters of administration to a principal creditor of the estate when the creditor had an ownership interest in property owned by the decedent … Continue reading
The incapacitated person’s son, who was nominated to be her guardian in her durable power of attorney, but the son had neglected and abused his mother, had failed to cooperate in making arrangements for her care, was more interested in … Continue reading
A petition to refuse a notice of claim that was filed under 20 Pa.C.S. § 3532 more than one year after the first advertisement of the grant of letters was granted and the notice of claim was refused. Martin Estate, … Continue reading