In an action by the one of executors to compel an accounting by the agents under a power of attorney, the law firm representing the petitioner-executor was disqualified when a principal of the firm had previously represented the decedent and … Continue reading
Category Archives: Opinions
When two trusts for the same beneficiary have different remaindermen, and one trust is a special needs trust created by her parents and the other is a self-settled irrevocable special needs trust, the court found that the intentions of the … Continue reading
After an account had been filed and before objections, executor petitioned for discovery (specifically interrogatories) from fiduciary of decedent, and court found pre-complaint discovery in civil court analogous and granted petition. Robinson Estate, 4 Fid. Rep. 3d 105 (O.C. Monroe … Continue reading
In petition to remove executor and stop sale of real property for mismanagement, waste, and delay, the court found the executor to be acting reasonably and not wasting or mismanaging estate; petitioners also wanted bond posted as the executor spent … Continue reading
Agent under durable power of attorney established irrevocable trust, which denied the right of the principal to the trust’s principal. Principal objected to the trust, and the trust was terminated. Following principal’s death, former agent petitioned to have the trust … Continue reading
Agent under power of attorney filed account that included $480,515 in gifts to family, which sister of agent (and one of two beneficiaries under decedent’s will) objected to gifts as beyond the Agent’s power and under Section 5601.2(e) pertaining to … Continue reading
Custodian/mother of minor’s fund held under PA’s Uniform Transfers to Minors Act filed account to which minor’s father filed objections. The court found that custodial funds were properly used to provide for the minor, because the custodian lacked her own … Continue reading
Disinherited children and grandchildren alleged fraud, undue influence, lack of testamentary capacity, and forgery of probated will, of which a good friend of the decedent was the sole beneficiary. After considerable discovery, sole beneficiary moved for summary judgment, and the … Continue reading
Archdiocese of Philadelphia petitioned court to allow rental of church cemeteries to third party company. Court concluded that it had jurisdiction to approve contracts for cemeteries outside of its county, and that rental agreement did not constitute a diversion of … Continue reading
Son of decedent petitioned for probate in Philadelphia, Pennsylvania, on 11 August 2011 with a 2010 will, and husband of decedent filed a petition for administration in the probate court of Palm Beach County, Florida, on 24 August 2011 with … Continue reading