The Commonwealth (as parens patriae) objected to first and final account of estate and trust with charitable beneficiaries, because the Commonwealth was not given Rule 5.6 notice, and the trust and estate terminated at the death of the lifetime beneficiary, … Continue reading
Category Archives: Opinions
The Superior Court has affirmed a decree of the Philadelphia Orphans’ Court denying the validity of attempted appointments of a successor trustee (or, in the alternative, removing the successor trustee appointed) by the resigning trustee and by the settlor, and … Continue reading
A beneficiary’s court-ordered child support arrearage should be paid from the estate, notwithstanding the spendthift clause in the will, and the children’s mother had no standing to object to the administration of the estate or seek removal of the executor. … Continue reading
Judge Herron of the Philadelphia Orphans’ Court has denied approval of a nonjudicial settlement agreement, stating that: “The intent of this section [7710.1] is to give all beneficiaries and trustees flexibility in the administration of certain trust matters. Seeking court … Continue reading
Decedent executed a will in 1996, consisting of 9 words, date, and signature leaving everything to his mother. Following his death, another document is found consisting of 12 words (“At the time of my death, the house goes to Sandy … Continue reading
Auditor’s report was affirmed, and objections dismissed, that (a) approved the trustees’ liquidation of some family businesses, notwithstanding precatory language expressing desire that businesses continue under the management and control of testator’s immediate family, (b) relied upon previous findings of … Continue reading
Petitioner presented sufficient evidence to show reasonable cause to believe that genetic testing would assist in a determination of paternity, and expert testimony to establish that exhumation of the decedent would provide viable tissue samples for DNA testing. Fox Estate, … Continue reading
Surviving spouse, with a limited power of appointment over marital trust, exercised such appointment to the exclusion of one of her three children, to which the excluded child objected, because the surviving spouse had acted in bad faith and did … Continue reading
In denying a petition by the beneficiaries of a trust to modify the trust to allow the beneficiaries to remove and replace the trustee, Judge Herron has confirmed that the provisions of 20 Pa.C.S. § 7140.1 allowing modification of trusts … Continue reading
The Superior Court, sitting en banc, has reversed the Orphans’ Court of Delaware county in deciding which was the measuring life for purposes of the rule against perpetuities as applied to a 1931 trust under the will of George McFadden. … Continue reading