The administrator of the deceased settlor’s estate has standing to request the appointment of a temporary trustee when the trust was for the settlor’s benefit during his lifetime, the estate may have assets within the real properties held in the … Continue reading
Tag Archives: Standing
Both the Orphans’ Court of the county where letters of administration were issued and the Civil Division of the county in which the administrator brought a wrongful death and survivor action have jurisdiction over issues relating to the distribution of … Continue reading
An intestate heir who does not join in an appeal from the probate of a will has no standing to challenge a settlement agreement between the beneficiary under the will and the other intestate heirs which left the probate of … Continue reading
Beneficiaries named in a trust amendment prepared by a lawyer do not have standing as third-party beneficiaries to sue the lawyer for breach of contract when the trust amendment was never executed due to an admitted “oversight” by the lawyer. … Continue reading
The beneficiaries of certificates of deposits which the decedent had titled “in trust for” their benefit had standing to challenge actions of decedent’s agents who removed the beneficiary designations before the decedent’s death, notwithstanding the general rule that only the … Continue reading
Judgment creditor of beneficiary of spendthrift trust could not attach trust assets and could not require distribution of beneficiary’s right to withdraw contributions to the trust because the right was not a “power of withdrawal” as defined by 20 Pa.C.S.A. … Continue reading
Probate of after-discovered will was properly denied based on evidence of undue influence. Weakened intellect was found in evidence of progressive dementia, and confidential relationship was found in son-proponent’s involvement in the testator’s personal and business affairs. Trustee of inter … Continue reading
Surviving spouse lacked standing to appeal from probate of will when spouse had filed for divorce and grounds for divorce had been established, because the spouse was no longer an intestate heir under 20 Pa.C.S. § 2106(a). This was true … Continue reading
I feel somewhat vindicated by a recent order of the Supreme Court, which confirms my opinion that In re Estate of Briskman, 808 A.2d 928, 2002 PA Super 287 (2002), was wrongly decided. In Briskman, the Superior Court found that … Continue reading
The executor of a deceased trustee’s estate has sufficient standing to survive preliminary objections to a petition requesting records of charitable trusts when the executor has alleged (a) that the deceased trustee may have been entitled to compensation from the … Continue reading