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Home→Tags Removal of trustee

Tag Archives: Removal of trustee

Petition for Removal of Trustee Dismissed

Posted on January 27, 2023 by Daniel EvansJanuary 27, 2023

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 →

Posted in Opinions | Tagged Removal of trustee

Removal of Trustee with History of Litigation with Former Co-Trustee

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 →

Posted in Opinions | Tagged Removal of trustee

Co-Trustee Removed for Hostility and Maladministration

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 →

Posted in Opinions | Tagged Removal of trustee

Trusts Amendments by Agent Invalid

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 →

Posted in Opinions | Tagged Power of Attorney, Removal of trustee, Trust amendments

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

Son Removed as Trustee but not Executor

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 →

Posted in Opinions | Tagged Removal of fiduciary, Removal of trustee

Replacement of Trustee by Beneficiary

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 →

Posted in Opinions | Tagged Removal of trustee

Exercise of Power of Appointment Does Not Create a New Trust

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 →

Posted in Opinions | Tagged Jurisdiciton, Power of appointment, Removal of trustee, Situs of trust

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