Settlor Lacked Standing in Litigation over Trusts

The settlor of an irrevocable trust, who retained no interests in the trust, did not have standing to participate in proceedings regarding the account filed by, and possible removal of, the trustee, and the decision upholding preliminary objections to dismiss the settlor’s pleadings was not a final or appealable order. Middleton Trust, 12 Fid.Rep.3d 478 (Montgomery O.C. 2022), appeal quashed, 2024 PA Super 54 (3/25/2024). The settlor also did not have standing in an action brought by a beneficiary to challenge the appointment of a trustee or a change in situs of another trust for the same beneficiary, and the dismissal of the settlor’s answer and new matter was not an appealable order. Middleton Trust, 12 Fid.Rep.3d 543 (Montgomery O.C. 2022), appeal quashed, 2449 EDA 2022 (Pa. Super. 3/21/2024) (non-precedential).

[Note: The two opinions are similar, dealing with similar issues but different actions involving different trusts with the same settlor and the same beneficiary. The original version of this summary and this note did recognize those differences.]

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