Applying Florida law, the court denied motions: (a) to order distribution of the entire trust even though the beneficiary had reached the age of 35 and had exercised his right to withdraw the balance of the trust, and instead allowed … Continue reading
Category Archives: Opinions
The successor trustee of a New York trust created by New York residents was entitled to a writ of possession for real estate transferred to the trust by the settlors during their lifetimes when the daughter of the settlors who … Continue reading
A petition to establish that the names on various birth certificates were alternate names of ancestors of the petitioner, which the petitioner alleged was needed for an application for dual Italian and American citizenship, was denied for lack of subject … Continue reading
It was not an abuse of discretion for the Orphans’ Court to deny the attorney fees requested by a law firm representing alleged incapacitated persons (“AIPs”) when the firm’s engagement letter was voidable because it was signed by the AIPs … Continue reading
The niece of the decedent did not have standing to contest the will of the decedent because she was not named as a beneficiary in the two previous wills of the decedent and was named only as a co-executor in … Continue reading
The charitable bequest under the residuary clause being impossible to carry out, the Attorney General and all interested parties agreed that the clause was ineffective, so the residue of the estate would pass by intestacy. A disclaimer by one of … Continue reading
Claimant failed to prove common law marriage by clear and convincing evidence of constant cohabitation and general reputation when the decedent also maintained a relationship and household with another woman and there was an unclear reputation of marriage between the … Continue reading
Direction in will that the decedent’s youngest daughter (to whom letters of administration were granted) should provide “shelter” at the decedent’s home for any other child “with no place to live” did not prevent the ejectment of a child who … Continue reading
The Orphans’ Court properly refused to approve the distribution of the assets of a dissolving nonprofit corporation to organizations that did not provide firefighting services, but it was error to apply the cy pres doctrine to order distributions to two other firefighting … Continue reading
Decedent died owning several LLCs owning real estate in various states of disrepair, and with possible debts in excess of assets, and so the estate was possibly insolvent. The interests of the estate were likely to be jeopardized by the … Continue reading