Although remainder beneficiaries of the decedent’s revocable trust may have standing to object to the trustee’s account of transactions during the settlor’s lifetime, their objections have no merit because under 20 Pa.C.S. 7753(a) the trustee owed duties exclusively to the … Continue reading
Category Archives: Opinions
In a dispute between individual trustees and the corporate trustee over discretionary distributions from a charitable trust, the individual trustees have standing to appeal an adverse decision because it affects the rights of unascertained beneficiaries. The Orphans’ Court erred in … Continue reading
Orphans’ Court properly denied motion for summary judgment claiming that a transfer on death beneficiary designation signed by decedent and delivered to her bank shortly before her death was invalid because it was not accepted by the bank during the … Continue reading
Executor’s commission that fell between 3% of the inventory value and 3% of the inheritance tax value was approved, and a surcharge for early distribution to the executor was denied when the amount of interest that would have been earned … Continue reading
Power of attorney did not include power to create joint accounts with rights of survivorship, or to commingle assets of the principal with the agents, so the creation of a joint account was invalid and the money in the account … Continue reading
Petitions relating to an irrevocable trust were dismissed sua sponte, but without prejudice, when it became clear that the irrevocable trust had been “amended” and the petitioners had failed to disclose the original terms of the trust or how it … Continue reading
It was not an abuse of discretion for the Register of Wills to deny letters of administration to a son who had threatened to destroy estate property by arson and to grant letters to his brother instead. Lapp, Sr. Estate, 7 … Continue reading
Lifetime transfer of real property from decedent to son was voided due to lack of donative capacity and undue influence, so son must return proceeds of sale of property to the estate, along with mineral royalties received for the property. … Continue reading
Pettition for approval of stipulated order regarding confidential information to be exchanged by the parties was denied without prejudice when the court was not asked to determine whether documents were confidential and there was no compelling reason to approve the … Continue reading
Executor’s account should state assets as of date of death, and include receipts and disbursements beginning with date of death, and not from date of executor’s appointment. Executor also has duty to investigate the amounts and distributions of assets passing … Continue reading