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Home→Tags Breach of Fiduciary Duty

Tag Archives: Breach of Fiduciary Duty

Fiduciary Duties of Agent

Posted on December 20, 2023 by Daniel EvansDecember 20, 2023

Although the decedent’s daughter denied acting as agent for her father under the power of attorney for which she had signed an agent’s acknowledgement, she was found to have acted as agent, and to have fiduciary duties to her father, … Continue reading →

Posted in Opinions | Tagged Agent's duties, Breach of Fiduciary Duty, Confidential relationship, Fiduciary duty, Power of Attorney, Undue influence

Injunction Without Hearing Vacated

The Orphans’ Court erred, and abused its discretion, when it entered an injunction against a trustee prohibiting the payment of legal fees and costs without first hearing evidence to determine if a breach of trust had occurred or may occur … Continue reading →

Posted in Opinions | Tagged Breach of Fiduciary Duty, Injunction, Power of appointment

Delays in Providing Information Not Grounds for Removal of Trustee

Delays and what the court characterized as “poor judgment” by the trustee in responding to requests for information by the adoptive parents of the minor beneficiary of the trust were not a “serious breach of a fiduciary duty” warranting removal, … Continue reading →

Posted in Opinions | Tagged Breach of Fiduciary Duty, PEF 7780.3(a), Removal of trustee

Beneficiaries of Revocable Trust Lack Standing

The beneficiaries of a revocable trust have no standing to object to investments made by the trustee during the settlor’s lifetime to which the settlor consented and approved because the duties of the trustee were owed exclusively to the settlor. … Continue reading →

Posted in Opinions | Tagged Breach of Fiduciary Duty, Revocable trust, Standing

Executor Compensation Denied for Mismanagement of Estate and Theft by Attorney

All compensation denied to an executor who was unsuccessful in selling the decedent’s mobile home, allowed the estate’s bank account to be embezzled by her attorney, allowed specifically bequeathed property to be sold and then turned over the proceeds of … Continue reading →

Posted in Opinions | Tagged Breach of Fiduciary Duty, Executor Commission

Rights of Beneficiaries of Revocable Trust

Although remainder beneficiaries of the decedent’s revocable trust may have standing to object to the trustee’s account of transactions during the settlor’s lifetime, their objections have no merit because under 20 Pa.C.S. 7753(a) the trustee owed duties exclusively to the … Continue reading →

Posted in Opinions | Tagged Breach of Fiduciary Duty, PEF 7753, Revocable trust

No Unreasonable Delay in Estate and Trust Administration

The Commonwealth (as parens patriae) objected to first and final account of estate and trust with charitable beneficiaries, because the Commonwealth was not given Rule 5.6 notice, and the trust and estate terminated at the death of the lifetime beneficiary, … Continue reading →

Posted in Opinions | Tagged Breach of Fiduciary Duty, Rule 5.6 notice, Unreasonable delay

Fraud, Waiver, and Delay to Elect Against Will

Issues were whether wife of decedent could elect against the will despite signing a waiver induced by fraud and whether filing petition to elect after statutory period because of fraud was justified; the Court did not find clear and convincing … Continue reading →

Posted in Opinions | Tagged Breach of Fiduciary Duty, Fraud, Spousal Election, Statute of limitations

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