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.)
Court refused to order guardian of the estate of an incapacitated person to pay the claim of nursing home before the costs of preserving the assets of the ward or other creditors. Maene, Incapacitated Person, In re, 2 Fid. Rep. 3d 464 (O.C. Bucks 2012) (Opinion by Fritsch, Adm.J.)
After remand from Superior Court and an amended adjudication entered, the Court upheld the surcharge for self-dealing and attorney fees for removed co-executors on cross-appeal to amended adjudication. Rappaport Estate (No. 2), 2 Fid. Rep. 3d 434 (O.C. Bucks 2012) (Opinion by Fritsch, Adm.J.)
In will contest for alleged forgery, Master found that expert evidence is of little weight compared to direct evidence and allowed contested will to be probated, because clear and convincing evidence did not exist to prove forgery. Karoly Estate, Angstadt Estate, 2 Fid. Rep. 3d 452 (O.C. Northamp. 2012) (Report of Master Gabb)