Decedent drafted his own will, which had two specific bequests to two of his five children and explicitly said that he intentionally failed to provide any distributions to his other three children, but the will lacked a residuary clause. The court refused to divine, guess, or suppose why the decedent had not included a residuary clause or what that residuary clause would actually say and directed that the residue of the estate passed by intestacy. Zeevering Estate, 3 Fid. Rep. 3d 51 (O.C. Delaware 2012) (Opinion by Kenney, P.J.)
Court disqualified counsel under Rule of Professional Conduct 1.9, applying the “substantial relation” test to former counsel’s representation of the current adversary party. Temkin Estate, 3 Fid.Rep.3d 37, 3 Fid.Rep.3d 261 (O.C. Bucks 2012) (Opinion by Gilamn, J.), appeal quashed, 2614 EDA 2012 (Pa. Super. 8/23/2013) (non-precedential; disqualified attorney did not have standing to appeal).
Two sons named as co-executors and co-trustees along with surviving spouse were removed for failure to comply with court orders to file accounts and for filing punitive petitions against spouse as co-fiduciary and primary beneficiary, and temporary fiduciary appointed because of wife’s lack of business expertise. Martelli Estate, 3 Fid. Rep. 3d 15 (O.C. Philadelphia 2012) (Opinion by Herron, J.)
Petitioner was the daughter of the settlor of an irrevocable trust but lacked standing to petition for an account because she was not a beneficiary once the settlor exercised her power of appointment over the trust. Simon Trust, 3 Fid. Rep. 3d 1 (O.C. Berks 2012) (Opinion by Schmehl, J.)
Agent of decedent did not have power to liquidate decedent’s annuity during decedent’s lifetime and transfer the proceeds to himself, but the restored annuity remained a non-probate asset and so was still the property of the agent as the named beneficiary. McCauley Estate, 3 Fid. Rep. 3d 10 (O.C. Lawrence 2012) (Opinion by Hodge, J.)
Objections to account: 1/5 charitable distrubutee from trust changed name, but Court holds that the entity was not discontinued and kept same identity, meaning it remained a distrubutee. Law of the case not relied on because of different circumstances. Umble Trust, 2 Fid. Rep. 3d 493 (O.C. Lanc. 2012) (Opinion by Hoberg, J.)
Decedent died several weeks after executing a new will that disinherited natural son and deceased daughter in favor of step-son, and the will was probated. In an appeal from probate alleging lack of testamentary capacity and undue influence, the court held that decedent was cognitively able to execute will and unable to be unduly influenced. Cavanaugh Estate, 2 Fid. Rep. 3d 488 (O.C. Monroe 2012) (Opinion by Williamson, J.)
Two unpaid law firms petitioned to have claims paid above Federal and state claims, and the petition was denied, because debts and creditors are fixed in position at date of death, and without judgment lien filed prior to death, creditors are ranked according to PEF §3392. Lampley Estate, 2 Fid. Rep. 3d 481 (O.C. Chester 2012) (Opinion by Hall, J.)
Prenuptial agreement and probated will upheld in declaratory judgment against widow’s claim of modification of prenuptial agreement, because widow did not prove modification through clear and convincing evidence and she is barred from testifying because of Dead Man’s Rule. Tuscano Estate, 2 Fid. Rep. 3d 473 (O.C. Bucks 2012) (Opinion by Fritsch, Adm. J.)
Attorney fees awarded to prevailing parties, and against party found to have taken actions that were vexatious, frivolous, and in bad faith, including continued challenges to the adoptions of beneficiaries when the adoptions had already been upheld by a court in another state. Ahnert Trust, 2 Fid. Rep. 3d 498 (O.C. Monroe 2012) (Opinion by Williamson, J.)