A revocable trust was a “living trust” and so exempt from realty transfer tax even though the trust document originally allowed distributions to persons other than a settlor if a settlor became incapacitated because a retroactive modification of the trust … Continue reading
Category Archives: Opinions
When one spouse has filed for divorce, alleging that the marriage is irretrievably broken, and the other spouse fails to file an answer and dies before any judgment is entered, the grounds for divorce have not been established within the … Continue reading
When the settlor of the trust transferred a residence to a trust for the benefit her son and daughter-in-law, who were also trustees, and there was an unwritten “understanding” that the trustees/beneficiaries would pay the mortgage, and did pay the … Continue reading
Although the appellant had failed to file a timely Pa.R.A.P. 1925(b) concise statement of errors complained of on appeal even though appellant’s counsel being personally advised by the Orphans’ Court that an order was being signed allowing an extension of … Continue reading
The Superior Court has affirmed that a will with an electronic signature, affixed by the decedent using DocVerify system during a videoconference with two witnesses and a notary public, is not a valid will, which requires the testator’s “manual signature.” … Continue reading
The validity of the appointment of a successor trustee by the beneficiaries of the trust for a trust that was created by California settlors and provided for the interpretation of the trust in accordance with California law was to be … Continue reading
The imposition of sanctions for contempt is an appealable order, and the Orphans’ Court did not abuse its discretion in holding the beneficiaries of a trust in contempt, and imposing the payment of the trustee’s legal fees as sanctions, when … Continue reading
An appeal from an order of the Orphans’ Court granting in part and denying in part a motion for reconsideration was quashed even though the issues for which reconsideration was denied were appealable because the motion for reconsideration did not … Continue reading
The Orphans’ Court properly removed the appellant as a trustee under 20 Pa.C.S. § 7766(b)(3) because he never took any steps to protect or administer the property that was transferred to the trust, and did not pay the mortgage for … Continue reading
The Orphans’ Court had jurisdiction to consider the probate of a lost will after letters of administration had been issued to the decedent’s daughter, and even though the Register of Wills had never acted on a petition to probate the … Continue reading