The Orphans’ Court approved the modification of a testamentary trust for the benefit of the settlor’s son in order to allow distributions of principal for the medical expenses and support of the settlor’s son, the court finding that the settlor … Continue reading
Tag Archives: Trust Modification
A revocable trust was a “living trust” and so exempt from realty transfer tax even though the trust document originally allowed distributions to persons other than a settlor if a settlor became incapacitated because a retroactive modification of the trust … Continue reading
The Orphans’ Court properly removed the appellant as a trustee under 20 Pa.C.S. § 7766(b)(3) because he never took any steps to protect or administer the property that was transferred to the trust, and did not pay the mortgage for … Continue reading
On remand from the Supreme Court, the Superior Court has held that, even if the settlor and beneficiaries could modify an irrevocable trust to allow the beneficiaries to remove and replace trustees, the modification might still be void for undue … Continue reading
The Supreme Court has reversed decisions of the Superior Court and Orphans’ Court and held that a trust modification with the consent of the settlor under 20 Pa.C.S. §7740.1(a) may change the provisions of a trust relating to the appointment … Continue reading
The Pa. Supreme Court is allowing an appeal from a decision of the Superior Court on the following issue (as stated by the petitioner): Did the Superior Court err by not enforcing modifications to trusts under 20 Pa. C.S.A. §7740.1(a), … Continue reading
The Superior Court affirmed a decision of the Orphans’ Court holding that a trust modification that allowed the beneficiaries to remove and replace trustees was ineffective even with the consent of the settlor. Garrison Trusts, 10 Fid.Rep.3d 189 (Montgomery O.C. … Continue reading
Following Trust under Agreement of Edward Winslow Taylor, 640 Pa. 629, 164 A.3d 1147 (2017), a trust cannot be modified to allow the beneficiaries to remove and replace trustees even with the consent of the settlor under 20 Pa.C.S. § … Continue reading
Petitions relating to an irrevocable trust were dismissed sua sponte, but without prejudice, when it became clear that the irrevocable trust had been “amended” and the petitioners had failed to disclose the original terms of the trust or how it … Continue reading
The Supreme Court has held that that 20 Pa.S.C. § 7766 is the exclusive method for removing a trustee, and that a trust cannot be modified under § 7740.1 to allow the beneficiaries to remove and replace the trustee. Trust … Continue reading