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
Category Archives: Opinions
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
Court involuntarily terminated parental rights of mother for two children, each with a different father, because mother has substance abuse problems and was derelict in her parental care of both children for more than 6 months prior to petition to … Continue reading
After adopted daughter of beneficiary of a trust petitioned court to determine whether she qualified as a beneficiary, and other beneficiaries opposed petition, the court denied the petition of the adopted daughter, because daughter was adopted at 23 and no … Continue reading
Husband of income beneficiary received trust income for 3 years after the death of the income beneficiary, individual trustee’s law firm received trustee commissions for 8 years after the death of the individual trustee, and corporate trustee received trustee commissions … Continue reading
Individual, living in Lake County, Ohio, was adjudicated incapacitated and then moved to Delaware County, Pennsylvania, where her daughter petitioned the Orphans’ Court for adjudication of incapacity and appointment of a plenary guardian; the Orphans’ Court of Delaware County, applying … Continue reading