The current beneficiary and individual cotrustee of a trust holding a partial interest in a family farm, had petitioned the Orphans’ Court to allow him to file a partition action without the consent or joinder of the institutional cotrustee. The … Continue reading
Tag Archives: Conflict of interest
It was not an abuse of discretion for the Orphans’ Court to appoint two of the three children of the alleged incapacitated person (AIP) as plenary guardians of her person over the objections of an estranged daughter when the AIP … Continue reading
The appointment of a co-guardian for an incapacitated person was affirmed on appeal despite potential conflicts of interest of the co-guardian when the counsel for the appellants failed to appear at the hearing before the Orphans’ Court and failed to … Continue reading
The denial of disqualification of counsel representing multiple beneficiaries is not an appealable order under the collateral order doctrine even when there is alleged to be a non-waivable conflict of interest among the beneficiaries when the counsel did not previously … Continue reading
Voiding an act of self-dealing by an executor, and not surcharge, is a proper remedy when the recipient of the transfer of estate property is the executor’s wife and she is complicit, and the transfer cannot be justified as an … Continue reading
An attorney who represents a beneficiary of an estate to remove an executor and who later represents the same person as successor executor does not have a conflict of interest. An objection claiming that the destruction of a computer caused … Continue reading
A setoff will be allowed to the Pennsylvania Bureau of Medical Care Availability and Reduction of Error Fund (“MCARE”) allowing it to reduce the amount of damages it owes to the estate by its share of punitive damages payable to … Continue reading
Action against lawyer to decedent and charitable beneficiary of estate was dismissed because lawyer did not have conflict of interest merely because the lawyer’s partner has represented the charity in other matters and charity was not unjustly enriched. Estate of Kasych … Continue reading
Court involuntarily terminated parental rights of mother for two children, each with a different father, because mother has substance abuse problems and was derelict in her parental care of both children for more than 6 months prior to petition to … Continue reading