Investigation of Elderly Abuse not Constitutional Violation

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.)

Spendthrift Trust Termination with Charitable Remaindermen

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)

Authority to Remove Corporate Trustee

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.)

Charity Without Purpose

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-Executor not Protected by Laches

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 Denied for Return of Disbursement

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)

Discovery of Prior Wills

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)