Co-executor not protected by laches from liability for the other co-executor’s actions because no account was confirmed, neither petitioned for permission to resign, the time that passed was not unreasonable, and the co-executor was not prejudiced by delay. Loher Estate (No. 2), 3 Fid. Rep. 3d 77 (O.C. Chester 2013), aff’d, 100 A.3d 312, Nos. 141 and 142 EDA 2013 (Pa. Super. 3/16/2014) (non-precedential).
Petition by counsel for administrator seeking return of payment to Department of Public Welfare denied for “unclean hands” when previous petitions were deceptive and for lack of express authority. Robles Estate, 3 Fid. Rep. 3d 81 (O.C. Philadelphia 2012)
Decedent had promised a large portion of estate to a college, but probated will only left 10%; college petitioned court to allow discovery of all prior wills, and the court granted the motion, so the college had standing in a will contest and because prior wills are excepted from attorney-client privilege. Fasick Estate, 3 Fid. Rep. 3d 89 (O.C. Cumb. 2012)
Co-executor who occupied decedent’s home without payment of rent, and who ignored several court orders, was ordered to vacate the home, the court finding that equitable relief should be denied for “unclean hands” and laches. Clouser Estate, 3 Fid.Rep.3d 94 (O.C. Cumberland 2012), app. dism’d 1202 MDA 2012 (Pa. Super. 12/5/2012).
Inheritance tax on non-estate assets should not have been paid from the estate when the decedent died intestate. The inheritance tax on non-estate assets should be calculated without regard to deductions unless it can be shown that the transferees of the assets actually paid the amounts deductible and were obligated to pay those amounts. Attorney fees and administrator commissions reduced to amounts determined in accordance with Johnson Estate. O’Levich Estate, 3 Fid.Rep.3d 64 (O.C. Monroe 2012) (Opinion by Williamson, J.)
Court imposed attorney fees against counsel under Pa.C.S. § 2503(7) for dilatory conduct but denied imposing attorney fees for commencing a matter arbitrarily, vexatiously, or in bad faith under Pa.C.S. § 2503(9) even though the testimony on the alleged forgery was contradictory and the presentation was “muddled.” Keslar Trust, 3 Fid.Rep.3d 59 (O.C. Montgomery 2012) (Opinion by Ott, J.)
Modification of trusts under 20 Pa.C.S. 7740.1(b) to change corporate co-trustee, and to make it easier to change the corporate co-trustees in the future, was approved when the corporate co-trustee being removed did not object and the modification was not inconsistent with a material purpose of the trust. Hendrickson Trusts, 3 Fid.Rep.3d 55 (Burlington Co. N.J. 2012) (Opinion by Suter, P.J.)
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.)