After being removed as executor, the former executor was held in contempt for failing to turn over the assets and records of the estate to the successor executor, for failing to file an account of her administration of the estate, … Continue reading
Tag Archives: Removal of fiduciary
Both children removed as executors of parents’ estates when the executors had failed to sell or distribute the sole remaining property of one of the estates after more than 10 years, there was hostility between the executors, and one of … Continue reading
A sale of real property that had been specifically devised was approved when the estate was otherwise without sufficient funds to pay debts and expenses, and the offer made by the devisee was “woefully inadequate” compared to the price under … Continue reading
It was not an error of law or abuse of discretion for the Orphans’ Court to remove an administrator when the administration of the estate was substantially completed when the administrator was granted letters due to the death of the … Continue reading
It was not error for the Orphans’ Court to refuse to consider the actions taken by the executor to administer the estate after the petition for removal had been filed. In re: Estate of Linda J. Cook, 859 WDA 2024 … Continue reading
The Orphans’ Court did not abuse its discretion to remove the incapacitated person’s father as guardian of his person when the father had breached his fiduciary duties by comingling funds, failed to comply with court orders by failing to provide … Continue reading
A failure to give notice to an indispensible party deprives a court of jurisdiction, but the other heirs of the estate were not indispensible parties to an action to remove an administrator of an estate because the other heirs had … Continue reading
The beneficiaries failed to prove that the executor stole from the estate, wasted or mismanaged the estate, or did anything else that would justify removal. The evidence showed that the decedent was a “hoarder” and his house was full of … Continue reading
It was not an abuse of discretion for the Orphans’ Court to remove the father of the incapacitated person as guardian when the father had failed to provide financial information and turn over assets to a successor guardian as ordered … Continue reading
Decedent died owning several LLCs owning real estate in various states of disrepair, and with possible debts in excess of assets, and so the estate was possibly insolvent. The interests of the estate were likely to be jeopardized by the … Continue reading