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Home→Tags Standing - Page 4 << 1 2 3 4 5 6 >>

Tag Archives: Standing

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Former Spouse Had no Standing over Trust Income

The former wife of the income beneficiary of an irrevocable inter vivos qualified terminable interest property (QTIP) trust had no standing to object to the trustee’s failure to collect income of the trust even though (a) the former wife would … Continue reading →

Posted in Opinions | Tagged Spendthrift clause, Standing

Grandmother Lacked Standing in Termination of Parental Rights

Maternal grandmother lacked standing to object to termination of mother’s parental rights even though grandmother had custody of children and would have standing in future adoption proceedings.  Adoptions of S.W. and J.W., 7 Fid.Rep.3d 246 (Montgomery Co. O.C. 2017). … Continue reading →

Posted in Opinions | Tagged Parental rights, Standing

De Minimus Legatee Lacked Standing

An intestate heir who was entitled to a gift of $5.00 under a prior will did not have standing to object to the probate of a later will, and the appeal from probate was properly dismissed as untimely when it … Continue reading →

Posted in Opinions | Tagged Appeal from probate, PEF 908(a), Standing

Trustee Deadlock on Charitable Distributions

In a dispute between individual trustees and the corporate trustee over discretionary distributions from a charitable trust, the individual trustees have standing to appeal an adverse decision because it affects the rights of unascertained beneficiaries.  The Orphans’ Court erred in … Continue reading →

Posted in Opinions | Tagged Settlor's intent, Standing, Trustee decisions

Administrator of Settlor’s Estate Has Standing in Action for Temporary Trustee

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 →

Posted in Opinions | Tagged Standing, Temporary fiduciaries

Concurrent Jurisdiction over Wrongful Death Proceeds

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 →

Posted in Opinions | Tagged Jurisdiction, Standing, Wrongful Death

Non-Litigating Heir Cannot Challenge Settlement

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 →

Posted in Opinions | Tagged Standing

Beneficiaries Named in Unsigned Document Lack Standing

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 →

Posted in Opinions | Tagged Lawyer malpractice, Standing

Beneficiaries of Trust Accounts Have Standing

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 →

Posted in Opinions | Tagged Power of Attorney, Standing, Tentative trusts

Beneficiary’s Creditor Could Not Attach Lapsed Crummey Power

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 →

Posted in Opinions | Tagged Crummey powers, PEF 7703, Standing

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