The Orphans’ Court properly removed the appellant as a trustee under 20 Pa.C.S. § 7766(b)(3) because he never took any steps to protect or administer the property that was transferred to the trust, and did not pay the mortgage for … Continue reading
Tag Archives: Removal of trustee
Preliminary objections to a petition for the removal of a corporate trustee were sustained, and the petition dismissed, when the corporate trustee refused to make distributions which it “shall deem advisable” for health, maintenance, support, and education without first receiving … Continue reading
The Superior Court has affirmed the dismissal of a petition to remove a corporate trustee, finding that the allegations of the petition were not grounds for removal under 20 Pa.C.S. § 7766(b). Specifically, neither changes in staffing by the trustee, … Continue reading
Following the removal of one co-trustee of a testamentary trust, the other co-trustee was also removed, and an independent trustee appointed, where the two trustees were also the primary beneficiaries of the trust, were currently litigating conflicting claims to trust … Continue reading
The COVID-19 emergency declarations of the Delaware County Court of Common Pleas did not preclude the court from removing a co-trustee of a trust, and the removal was proper because the co-trustee had evidenced hostility to the beneficiaries and the … Continue reading
Amendments to inter vivos trust document signed by agent (one of settlor’s daughters) were invalid even though the trust document allowed amendments by agents because the power of attorney did not authorize the agent to amend the trust. The attempted … Continue reading
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
The son of the decedent was not removed as executor for wasting or mismanaging the estate because (a) the executor transferring the decedent’s worthless timeshare properties to himself relieved the estate of the maintenance fees; (b) the executor had been … Continue reading
When trust document grants the beneficiary the power to remove and replace a corporate trustee “for any reason whatsoever” with court approval, the beneficiary did not need to allege or show any cause for removal provided by 20 Pa.C.S. § … Continue reading
Testator died leaving a trust under her will for her children, creating powers of appointments for each child, and an administrative power, allowing the removal of the corporate trustee with the consent of all income beneficiaries. After the death of … Continue reading