Daughter who had been disinherited by the principal did not have standing to object to the account of the agent for the principal who was living, was not alleged to be incapacitated, and filed an affidavit in support of the agent. In re Mardell Dardarian, Principal, 3 Fid.Rep.3d 206 (O.C. Chester 2013).
In a will contest for undue influence, the court found that the testator did not have a weakened intellect, meaning a prima facia claim of undue influence fails. Also, the court rejected an amendment to the petition for appeal from the Register because of statute of limitations; New Jersey’s element for undue influence of “suspicious circumstances” could not be imported to Pennsylvania law; and even if imported, an ethical violation by a lawyer for representing a client against a former client (which the court found did not happen) does not invalidate a will. Cremers Will, 3 Fid. Rep. 3d 152 (O.C. Chester 2012) (Opinion by Hall, J.)
Assignment of royalty interests did not convey subsurface mineral interests (which the corporate executor of the New York estate did not realize the decedent had retained) because the language of the assignment was unambiguous and without mistake, and so summary judgment was appropriate to quiet title in the estate. Estate of Roswell Miller v. Miller Associates, 3 Fid. Rep. 3d 170 (C.P. Westmoreland 2012) (Opinion by Marzili, J.)
In a will contest for undue influence, discovery of estate planning documents from lawyer for testator is allowable under the testamentary exception to the attorney-client privilege. Cohen Estate, 3 Fid. Rep. 3d 145 (O.C. Bucks 2012) (Opinion of Gilman, J.)
A confidential report alleging that an individual in her eighties was the subject of financial mismanagement and abuse triggered a confidential investigation under the Older Adults Protective Services Act, to which the elder individual stymied, stonewalled, or ignored, leading to a court order for disclosure of financial records, entry of her house, and a medical examination, to which the elderly individual charged constitutional violations. The court found that the procedures being followed were within the mandates of the act and that there were no violation to due process, notice, or any other constitutional violation. In the Interest of A.M. An Older Adult, 3 Fid. Rep. 3d 129 (O.C. Chester 2013) (Opinion by Tunnell, J.)
A trust, providing outright distributions to two beneficiaries, income distributions to three more beneficiaries for life, and three charities as remaindermen, cannot be terminated with the consent of all beneficiaries under 20 Pa. C.S.A. § 7740.1 , because the trust is a charitable trust, meaning that § 7740.1 does not apply. Furthermore, the trust had a spendthrift clause, and the court found that to be a material purpose of the trust. Castagnero Trust, 3 Fid. Rep. 3d 136 (O.C. Westm. 2013)
Upon remand from Superior Court, trial court corrected its decree concerning attorney fees paid to prevent removal and held that both former executors jointly and severally are liable for the amount surcharged. Rappaport Estate, 3 Fid.Rep.3d 115 (O.C. Bucks 2012) (Opinion by Fritsch, J.)
Individual co-trustee had the power to remove and replace the corporate co-trustee even though the will gave that power to a different individual co-trustee “or any individual successor trustee” and the remaining individual co-trustee was one initially appointed, because a narrow reading of the power would lead to an absurd result and is irreconcilable with the trust placed in the individual co-trustee elsewhere in the will. Lukens Trust, 3 Fid.Rep.3d 113 (O.C. Montgomery 2013) (Opinion by Ott, J.)
Charitably incorporated fire department was removed from emergency service for a township, which was the charitable purpose under its charter; court revoked charter and applied cy pres to find appropriate beneficiary. Guyasuta Volunteer Fire Department, 3 Fiduc. Rep. 3d 110 (O.C. Allegh. 2013) (Opinion by O’Toole, A.J.)
Co-executors failed to account and $765,000 was missing from estate; the court surcharged both executors severally and jointly liable for commission fees, counsel fees, and missing funds. Loher Estate, 3 Fid. Rep. 3d 71 (O.C. Chester 2012)