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Home→Tags Revocable trust

Tag Archives: Revocable trust

Revocable Trust Not Probated and So Not Subject to Appeal from Register

Posted on June 19, 2023 by Daniel EvansJune 19, 2023

Challenges to the validity of a revocable trust must be made by a petition to the Orphans’ Court, and not by an appeal from the probate of the will of which the trust is a beneficiary, and so the appeal … Continue reading →

Posted in Opinions | Tagged Appeal from probate, Revocable trust, Testamentary Capacity, Undue influence

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

Revocable Trust not Modified by Later Marriage

A surviving spouse who is not a beneficiary of a revocable trust executed before the marriage is not entitled to an intestate share of the trust under 20 Pa.C.S. § 2507(3) because that section is not a “rule of construction” … Continue reading →

Posted in Opinions | Tagged Modification by circumstances, Revocable trust

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

Agent Cannot Revoke Principal’s Revocable Trust

An agent with the power to receive the income or corpus of a trust, as provided in 20 Pa.C.S. § 5602(a)(7), cannot revoke the principal’s revocable trust by withdrawing all of the income and principal; an agent’s power over a … Continue reading →

Posted in Opinions | Tagged Power of Attorney, Revocable trust

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