An order authorizing the sale of real estate was not appealable under Pa.R.A.P. 342 because the objecting beneficiaries had no interest in the real estate, and was not an appealable collateral order under Pa.R.A.P. 313 because the objecting beneficiaries had … Continue reading
Category Archives: Opinions
A plea of nolo contendere, followed by sentencing, was a “conviction” within the meaning of the Slayer’s Act, and so summary judgment against the convicted slayer was appropriate. Abbott Estate, 6 Fid.Rep.3d 80 (O.C. Butler 2015), aff’d, Nos. 1071 and … Continue reading
Judgment creditor of beneficiary of spendthrift trust could not attach trust assets and could not require distribution of beneficiary’s right to withdraw contributions to the trust because the right was not a “power of withdrawal” as defined by 20 Pa.C.S.A. … Continue reading
When an Orphans’ Court enters a nonsuit to objections to an account, the objectant must file a motion with the court to remove the nonsuit before appealing the nonsuit. In re: Ernest J. Koeberlein Trust, No. 652 WDA 201 (Pa. … Continue reading
Petition for termination of father’s parental rights was denied, despite father’s criminal history and current incarceration, because father had cooperated with child welfare agency and had achieved most of the objectives established for him by the agency. In re J.M.W., … Continue reading
Objections to distributions and dispositions of tangible personal property were dismissed when all family members had an opportunity to review and claim items, the executor was able to sell some unclaimed items, and other items were given away or discarded … Continue reading
Fees of corporate trustee based on both a percentage of the value of closely-held stock and hourly charges for time spent approved when trust document allowed fees “in accordance with its schedule in effect” when the services are performed, the … Continue reading
Daughter and her husband were found to be in a confidential relationship with the decedent because they lived next door to the decedent, had a close relationship with the decedent, the decedent trusted them, and the decedent relied upon them … Continue reading
Probate of after-discovered will was properly denied based on evidence of undue influence. Weakened intellect was found in evidence of progressive dementia, and confidential relationship was found in son-proponent’s involvement in the testator’s personal and business affairs. Trustee of inter … Continue reading
Surcharge imposed against trustee for more than $600,000 for “reimbursements” to herself, but surcharge for failure to properly invest funds denied because the testimony of the expert witness was speculative and simplistic and lacked a solid foundation. In addition, punitive … Continue reading