This fourth and final part of a four part series describes the changes made by Act 95 of 2014 to the duties and liabilities of agents, as well as a few miscellaneous changes not covered by previous parts.
An appeal from the probate of an undated will was denied without prejudice to the filing of a new petition when a later will has been discovered. Williams Estate, 4 Fid.Rep.3d 344 (O.C. Phila. 4/21/2014).
Preliminary objections upheld, because a party who has been held to lack standing to contest a will also lacks standing to claim an interest in estate assets. Ciuccarelli Estate, 4 Fid.Rep.3d 335 (O.C. Phila. 5/21/2014), aff’d 1251 EDA 2014 (Pa.Super. 12/12/2014) (non-precedential).
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Surcharge for administration of estate for 18 years denied when real property held by estate was farmed and productive, there was litigation over condemnation of part of the property, there were disagreements among the beneficiaries over whether to sell or distribute the property, and the objectant failed to take action to expedite or compel the conclusion of the estate. Objections to legal fees and fiduciary fees were also dismissed. Eiswert Estate, 4 Fid.Rep.3d 323 (Lycoming Co. O.C. 2014).
Change of situs of a testamentary trust was denied under 20 Pa.C.S. § 7708(c) when all qualified beneficiaries and one trustee consented to the change but one trustee did not consent, but change approved under § 7708(g) when the court found that the changes was “necessary or desirable for the property administration of the trust” because real property owned by the trust was in the other county, the situs of related trusts was in the other county, issues needed to be resolved relating to the administration of all of the trusts, and only the corporate trustee objected to the change. Warriner Trust, 4 Fid.Rep.3d 317 (O.C. Montg. Co. )
Person designated as “executor of my estate and insurance” was the trustee who was the life insurance beneficiary described as “trustee(s) or successor(s) as provided in last will” when the will included specific bequests of life insurance proceeds even though the will did not use the words “trust” or “trustee.” Thomas Will, 4 Fid.Rep.3d 345 (O.C. Phila. 5/12/2014).
The Philadelphia Orphans’ Court has denied a petition by Board of Directors of City Trusts of Philadelphia seeking a modification of the trust for Girard College under the will of Stephen Girard that would have converted the college’s residential program for grades one through twelve to an extended day program for grades one through eight. Estate of Stephen Girard (Trust for Girard College), 4 Fid. Rep.3d 355, No. 10 DE of 1885 (O.C. Phila. 8/21/2014) (Opinion Sur Decree by O’Keefe, Adm. J.), aff’d No. 2254 C.D. 2014 (Pa. Cmwlth. 1/21/2016).
The Commonwealth Court has considered the standards to be applied by the Public School Employees’ Retirement Board when it is alleged that a Public School Employee’s Retirement System beneficiary designation is the product of undue influence. Snizaski v. Pub. School Emp. Ret. Bd., No. 1329 C.D. 2008 (8/13/2014).
At its recently completed 2014 annual meeting, the National Conference of Commissioners on Uniform State Law approved the Uniform Fiduciary Access to Digital Assets Act. When enacted by the various states, the act will provide personal representatives of estates, agents under durable powers of attorney, guardians of incapacitated persons, and successor trustees with the same rights of access to electronic records as the decedent, principal, ward, or preceding trustee.
Update (2/21/2015): Senate Bill 518, introduced on 2/20/2015, would enact the uniform act as Chapter 39 of Title 20 of the Pennsylvania Consolidated Statutes (i.e., the PEF Code). (Our table summarizing the status of estate and trust legislation introduced in the current session of the Pennsylvania legislature can be found here.)