Although the trustee had the discretion to deny requested withdrawals by the beneficiary if in the opinion of the trustee the beneficiary is suffering from a disability that renders him unable to manage his own affairs, the trustee failed to … Continue reading
Category Archives: Opinions
There was evidence of donative intent by the decedent to give her former son-in-law $500,000, but not $1,000,000, so the transfer of $1,000,000 by the decedent was a partial gift, but the gift was invalid because of the presumption of … Continue reading
In a challenge to the validity of a deed executed seven months before the death of the decedent, the petitioner did not provide clear and convincing evidence of lack of capacity or weakened intellect when witnesses provided conflicting accounts of … Continue reading
In a non-precedential decision, the Superior Court has affirmed that tangible personal property (wine collection, paintings, and lawn equipment) acquired during the marriage for the use of both spouses may be considered to be held as tenants by the entireties … Continue reading
A previous judge had found that the termination fee claimed by the corporate trustee was reasonable, and a hearing on the issue was not required, so the current court was bound by that earlier decree under the coordinate jurisdiction rule. … Continue reading
The corporate trustee will not be surcharged for failing to diversify the investments of a trust when (a) the trust document specifically authorized the retention of the investments used to fund the trust and (b) the trust document directed that … Continue reading
That the decedent was named as the father of the claimant on her birth certificate, together with testimony that the decedent “held out” the claimant as his daughter by allowing her to reside with him when she was a child, … Continue reading
A person who has been adjudicated incapacitated is presumed to lack testamentary capacity and the burden is on the proponent of the will to provide clear and convincing evidence of testamentary capacity, or at least a lucid interval. Testimony of … Continue reading
Under the Pa. Structured Settlement Protection Act, 40 P.S. §§ 4001-4009, courts are required to supervise all aspects of settlements in which a minor is a party in interest, and an assignment of annuities issued as part of a structured … Continue reading
An award from the 9/11 Victim Compensation Fund was not payable to the surviving spouse, despite the language of 20 Pa.C.S. § 2102(2), because it was not payable under the act specified in that section, the Air Transportation Safety and … Continue reading