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
Tag Archives: Standing
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
The Commonwealth Court has affirmed a decision of the Orphans’ Court of Montgomery County that a donor to a foundation lacks standing to enforce the conditions of a loan made by the foundation to a church when there was no … Continue reading
A beneficiary’s court-ordered child support arrearage should be paid from the estate, notwithstanding the spendthift clause in the will, and the children’s mother had no standing to object to the administration of the estate or seek removal of the executor. … Continue reading
Preliminary objections upheld, because a party who has been held to lack standing to contest a will also lacks standing to claim an interest in estate assets. Ciuccarelli Estate, 4 Fid.Rep.3d 335 (O.C. Phila. 5/21/2014), aff’d 1251 EDA 2014 (Pa.Super. … Continue reading
Foster parents lack standing in petition to terminate parental rights, because §2512 of the Adoption Act does not list foster parents as parties that may file a petition to terminate parental rights. However, under §6336.1 of the Juvenile Act, foster … Continue reading
Appointment of administrator pro tem denied, when conflict of interest, which might incapacitate the executor, was steps taken to defend the will against a contest, which the executor had standing to do (even though without any personal interest under the … Continue reading
Niece and nephew of deceased settlor failed to show that they were beneficiaries of a trust, or that the settlor’s lawyer had been appointed to serve as a trustee, and so they had no standing to compel an accounting from … Continue reading