The sister of the decedent, who was the decedent’s sole intestate heir but whose only interest under the previous will of the decedent (from 1987) was as an executor, had no standing to appeal from the probate of the decedent’s … Continue reading
Tag Archives: standing
On remand from the Supreme Court, the Superior Court has held that, even if the settlor and beneficiaries could modify an irrevocable trust to allow the beneficiaries to remove and replace trustees, the modification might still be void for undue … Continue reading
The beneficiaries of certificates of deposits which were originally alleged to be “in trust for” accounts, and which had been held to give them standing to challenge actions of decedent’s agents who removed the beneficiary designations before the decedent’s death, … Continue reading
The executor of a deceased trustee had standing to object to the account filed by the surviving trustee when other beneficiaries joined in the objections and the objection to standing was waived by not raising it until after two and … Continue reading
The settlor of an irrevocable trust, who retained no interests in the trust, did not have standing to participate in proceedings regarding the account filed by, and possible removal of, the trustee, and the decision upholding preliminary objections to dismiss … Continue reading
A beneficiary who is entitled to an annuity of $2,400 each year for life from a trust of about $73 million had standing to object to transactions of the trustee alleged to be breaches of fiduciary duties, as well as … Continue reading
The Supreme Court has allowed an appeal from the Superior Court decision in Trust under Will of Augustus T. Ashton, 203 EAL 2020 (12/2/2020). The order states the issue to be: Did the Superior Court err when it held that … Continue reading
One trustee of a trust lacks standing to sue a lessee for possession of real property titled in name of trust when the other trustee objects to the action and the Orphans’ Court has empowered the other trustee to sell … Continue reading
Preliminary objections to an answer and new matter is not a pleading allowed by Pa. O.C. Rules and is improper. Further, a party does not lack standing merely because the petition fails to name them as an interested party. Mahlstadt … Continue reading
In a proceeding by the executor to recover assets allegedly taken from the estate, beneficiaries claiming interests in the contested assets have standing to object to intervention by a creditor, and the creditor will not allowed to intervene when the … Continue reading