A beneficiary who is entitled to an annuity from a trust has standing to object to the account of the administration of the trust, to object to the division of the trust, to object to a new fee schedule for … Continue reading
Category Archives: Opinions
The appointment of an emergency guardian of the person or estate renders the alleged incapacitated person legally incapable of making decisions about matters expressly assigned to the guardian. Whether an emergency guardianship of the estate is still valid more than … Continue reading
Nephew who would have received half of estate under unsigned amendment to the decedent’s revocable trust, but instead of half of the estate, did not have standing in malpractice action against lawyers who prepared the trust amendment under Agnew v. … Continue reading
Counsel fees of 5% of the first $100,000 of the estate and 3% of balance over $100,000 were approved, but should have been paid from residuary estate and not proceeds of sale of property that had been specifically devised. Executor’s … Continue reading
Surcharge against guardian should be upheld on appeal because guardian never requested a continuance of the surcharge hearing and her absence from the hearing was part of a pattern of obdurate and dilatory conduct. Estate of Estelle Segal, No. 2, 9 … Continue reading
Claim by daughter under personal care agreement with mother was denied when personal care agreement was product of undue influence because mother was dependent on daughter for her care and had appointed daughter as her agent under a power of … Continue reading
A holographic will that ended with the initials of the testator was validly signed and was not executed by a “mark” within the meaning of 20 Pa.C.S. § 2502(2). Pedersen, Sr. Estate, 9 Fid.Rep.3d 29 (Monroe O.C. 2018). … Continue reading
When the will unambiguously left the testator’s estate to his four children in equal shares, it was error for the court to interpret the will to treat gifts made by the testator’s agent after the execution of the will as … Continue reading
The denial of a petition for an agent to account is a final order which is appealable as of right. Although the petitioner was an intestate heir of the principal, she did not have standing to demand an accounting by … Continue reading
Trust document was interpreted to give grandchildren all of the trust income following their mother’s death, even though document provided for shares of income to other persons who predeceased the mother and directed that upon the death of an income … Continue reading