In a claim for money damages against an estate for the executor’s breach of contract, the Orphans’ Court found that it lacked jurisdiction, because the claim is an action at law sounding in assumpsit that should be decided by the … Continue reading
Category Archives: Opinions
Trust beneficiary died and trust dictates that principal and undistributed income goes to beneficiary’s descendents per stirpes. Corporate trustee determined that beneficiary died without issue, and putative daughter, who was born while mother was married to a man other than … Continue reading
Order by trial court directing the administrator of an estate to retain counsel to maintain appeal from tax sale affirmed because (a) the order was a collateral order appealable under Pa. R.A.P. 313, and (b) an administrator may not represent … Continue reading
In an action to change the situs of a trust and change the corporate trustee, the court held that the action was brought in the wrong venue, because the situs of the trust was in another county, and that 20 … Continue reading
The New Jersey Tax Court has held that the surviving partner of a long-term same-sex relationship was not entitled to the benefit of the 0% Class A inheritance tax rate when the decedent and the surviving partner never registered in … Continue reading
Guardian of estate of incapacitated person, who had previously been granted the power to pay nursing home costs from principal and who had been authorized to sell real estate, did not have power to consent to judgments against the ward; … Continue reading
Bank accounts in joint names of decedent and daughter became property of daughter upon decedent’s death, and estate did not meet its burden of proving a gift by daughter to estate. Boyce Estate, 4 Fid.Rep.3d 193 (O.C. Del. 2014) (Opinion by … Continue reading
Income beneficiary of charitable remainder trust who was in Haiti during the earthquake on 1/12/2010 was not exposed to “specific peril” and would not be declared dead until seven years had elapsed. Goodyear Trust, 4 Fid. Rep. 3d 171 (O.C. … Continue reading
Appointment of administrator pro tem denied, when conflict of interest, which might incapacitate the executor, was steps taken to defend the will against a contest, which the executor had standing to do (even though without any personal interest under the … Continue reading
Parental rights of incarcerated father, who had a history of criminal activity and has been incarcerated for most of child’s life, were involuntarily terminated. In the Interest of J.M.B., 4 Fid. Rep. 3d 198 (O.C. Bucks 2014) (Opinion by Keller, … Continue reading