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Home→Tags standing - Page 2 << 1 2 3 4 >>

Tag Archives: standing

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Annuitant Has Standing in Trust Disputes

A beneficiary who is entitled to an annuity from a trust has standing to object to the account of the administration of the trust, to object to the division of the trust, to object to a new fee schedule for … Continue reading →

Posted in Opinions | Tagged standing

Beneficiary of Unsigned Trust Amendment Lacked Standing

Nephew who would have received half of estate under unsigned amendment to the decedent’s revocable trust, but instead of half of the estate, did not have standing in malpractice action against lawyers who prepared the trust amendment under Agnew v. … Continue reading →

Posted in Opinions | Tagged Lawyer malpractice, standing

Standing to Demand Agent Account

The denial of a petition for an agent to account is a final order which is appealable as of right. Although the petitioner was an intestate heir of the principal, she did not have standing to demand an accounting by … Continue reading →

Posted in Opinions | Tagged Accounting by agent, standing

Residuary Beneficiaries Have Standing for Malpractice over TOD Account

Decedent’s grandchildren, as 30% residuary beneficiaries under the will drafted by the defendant law firm, have standing to pursue a malpractice action against the law firm when the bulk of the decedent’s assets were in a “transfer on death” brokerage … Continue reading →

Posted in Opinions | Tagged Lawyer malpractice, standing

Former Spouse Had no Standing over Trust Income

The former wife of the income beneficiary of an irrevocable inter vivos qualified terminable interest property (QTIP) trust had no standing to object to the trustee’s failure to collect income of the trust even though (a) the former wife would … Continue reading →

Posted in Opinions | Tagged Spendthrift clause, standing

Grandmother Lacked Standing in Termination of Parental Rights

Maternal grandmother lacked standing to object to termination of mother’s parental rights even though grandmother had custody of children and would have standing in future adoption proceedings.  Adoptions of S.W. and J.W., 7 Fid.Rep.3d 246 (Montgomery Co. O.C. 2017). … Continue reading →

Posted in Opinions | Tagged Parental rights, standing

De Minimus Legatee Lacked Standing

An intestate heir who was entitled to a gift of $5.00 under a prior will did not have standing to object to the probate of a later will, and the appeal from probate was properly dismissed as untimely when it … Continue reading →

Posted in Opinions | Tagged Appeal from probate, PEF 908(a), standing

Trustee Deadlock on Charitable Distributions

In a dispute between individual trustees and the corporate trustee over discretionary distributions from a charitable trust, the individual trustees have standing to appeal an adverse decision because it affects the rights of unascertained beneficiaries.  The Orphans’ Court erred in … Continue reading →

Posted in Opinions | Tagged Settlor's intent, standing, Trustee decisions

Administrator of Settlor’s Estate Has Standing in Action for Temporary Trustee

The administrator of the deceased settlor’s estate has standing to request the appointment of a temporary trustee when the trust was for the settlor’s benefit during his lifetime, the estate may have assets within the real properties held in the … Continue reading →

Posted in Opinions | Tagged standing, Temporary fiduciaries

Concurrent Jurisdiction over Wrongful Death Proceeds

Both the Orphans’ Court of the county where letters of administration were issued and the Civil Division of the county in which the administrator brought a wrongful death and survivor action have jurisdiction over issues relating to the distribution of … Continue reading →

Posted in Opinions | Tagged Jurisdiction, standing, Wrongful Death

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