The Orphans’ Court correctly concluded that the rent payable by a beneficiary to the estate under a family settlement agreement should be divided among all of the beneficiaries, including the beneficiary paying the rent, but incorrectly calculated the net rent … Continue reading
Category Archives: Opinions
In an ejectment action brought by the administrator of an estate, the heirs of the decedent were not indispensible parties even though title to the property had passed to the heirs at the death of the decedent under 20 Pa.C.S. … Continue reading
The discovery of a later will may be the subject of an appeal to the Orphans’ Court within one year of the probate of the earlier will even though the appeal is after the end of the three month period … Continue reading
It was not an abuse of discretion or an error of law for the Orphans’ Court to allow a late spousal election under 20 Pa.C.S. § 2210 by the guardian of an incapacitated spouse when the COVID-19 pandemic struck between … Continue reading
The Orphans’ Court had the power to set aside a conveyance of real estate by the executor after his removal from office as a remedy for self-dealing, and not a surcharge, and under the doctrine of “the law of the … Continue reading
Wife in divorce action died on the same day the decree of divorce was entered, and the family court later issued a final order for the equitable division of marital property. The family court, and not the Orphans’ Court, had … Continue reading
By distributing some trusts years before and adding the assets of those trusts to other trusts, the trustee waived claims for commissions payable from those trusts, as well as attorneys’ fees incurred later. The trustee also failed to provide clear … Continue reading
Petition for temporary injunction against the funeral and burial of the decedent’s father was denied for lack of jurisdiction when the decedent did not reside in Pennsylvania and was to be buried in another county, the only connection to Montgomery … Continue reading
The Superior Court has affirmed the dismissal of a petition to remove a corporate trustee, finding that the allegations of the petition were not grounds for removal under 20 Pa.C.S. § 7766(b). Specifically, neither changes in staffing by the trustee, … Continue reading
The Supreme Court has reversed decisions of the Superior Court and Orphans’ Court and held that a trust modification with the consent of the settlor under 20 Pa.C.S. §7740.1(a) may change the provisions of a trust relating to the appointment … Continue reading