Testimony and evidence showed that the decedent was strong willed and made his own financial decisions, and that the gifts to the decedent’s agent were the decisions of the decedent and not the agent. Various objections to expenses of the … Continue reading
Tag Archives: Removal of fiduciary
Executor was removed who failed to probate will for five years and then failed to make any distribution of the estate for nine years, failing to give notices of estate administration, failing to advertise the grant of letters, failing to … Continue reading
Although the decedent’s business advisor received no direct benefit from the decedent’s will (which named him as the executor and testamentary trustee), he received a collateral benefit from being named the trustee of a discretionary charitable trust, and so a … Continue reading
The court exercised its discretion to summarily remove both co-administrators when both had filed pleadings to remove the other, finding that an evidentiary hearing would result in delay as well as unnecessary fees and expenses, and that the discord was … Continue reading
The son of the decedent was not removed as executor for wasting or mismanaging the estate because (a) the executor transferring the decedent’s worthless timeshare properties to himself relieved the estate of the maintenance fees; (b) the executor had been … Continue reading
Because the two executors were deadlocked over the discretionary distribution of the estate, and one of them had a conflict of interest over a claim against her daughter while the other was believed to be more likely to bring the … Continue reading
The Superior Court has affirmed the removal of an executor for a conflict of interest when the executor had made loans to herself under a power of attorney during the decedent’s lifetime and was a major debtor of the estate. … Continue reading
In petition to remove executor and stop sale of real property for mismanagement, waste, and delay, the court found the executor to be acting reasonably and not wasting or mismanaging estate; petitioners also wanted bond posted as the executor spent … Continue reading
Upon remand from Superior Court, trial court corrected its decree concerning attorney fees paid to prevent removal and held that both former executors jointly and severally are liable for the amount surcharged. Rappaport Estate, 3 Fid.Rep.3d 115 (O.C. Bucks 2012) … Continue reading
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 … Continue reading