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

Tag Archives: standing

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Non-Litigating Heir Cannot Challenge Settlement

An intestate heir who does not join in an appeal from the probate of a will has no standing to challenge a settlement agreement between the beneficiary under the will and the other intestate heirs which left the probate of … Continue reading →

Posted in Opinions | Tagged standing

Beneficiaries Named in Unsigned Document Lack Standing

Beneficiaries named in a trust amendment prepared by a lawyer do not have standing as third-party beneficiaries to sue the lawyer for breach of contract when the trust amendment was never executed due to an admitted “oversight” by the lawyer.  … Continue reading →

Posted in Opinions | Tagged Lawyer malpractice, standing

Beneficiaries of Trust Accounts Have Standing

The beneficiaries of certificates of deposits which the decedent had titled “in trust for” their benefit had standing to challenge actions of decedent’s agents who removed the beneficiary designations before the decedent’s death, notwithstanding the general rule that only the … Continue reading →

Posted in Opinions | Tagged Power of Attorney, standing, Tentative trusts

Beneficiary’s Creditor Could Not Attach Lapsed Crummey Power

Judgment creditor of beneficiary of spendthrift trust could not attach trust assets and could not require distribution of beneficiary’s right to withdraw contributions to the trust because the right was not a “power of withdrawal” as defined by 20 Pa.C.S.A. … Continue reading →

Posted in Opinions | Tagged Crummey powers, PEF 7703, standing

After-Discovered Will Denied Probate for Undue Influence

Probate of after-discovered will was properly denied based on evidence of undue influence.  Weakened intellect was found in evidence of progressive dementia, and confidential relationship was found in son-proponent’s involvement in the testator’s personal and business affairs.  Trustee of inter … Continue reading →

Posted in Opinions | Tagged standing, Undue influence

Action for Divorce Deprived Spouse of Standing to Contest Probate

Surviving spouse lacked standing to appeal from probate of will when spouse had filed for divorce and grounds for divorce had been established, because the spouse was no longer an intestate heir under 20 Pa.C.S. § 2106(a).  This was true … Continue reading →

Posted in Opinions | Tagged PEF 2106(a), standing

Standing Is Not Jurisdictional

Posted on April 1, 2015 by Daniel EvansOctober 10, 2019

I feel somewhat vindicated by a recent order of the Supreme Court, which confirms my opinion that In re Estate of Briskman, 808 A.2d 928, 2002 PA Super 287 (2002), was wrongly decided. In Briskman, the Superior Court found that … Continue reading →

Posted in News, Opinions | Tagged Jurisdiction, PEF 908, standing

Executor of Trustee’s Estate has Standing to Inquire into Charitable Trusts

The executor of a deceased trustee’s estate has sufficient standing to survive preliminary objections to a petition requesting records of charitable trusts when the executor has alleged (a) that the deceased trustee may have been entitled to compensation from the … Continue reading →

Posted in Opinions | Tagged standing

Donor to Foundation Lacked Standing to Enforce Foundation’s Actions

The Commonwealth Court has affirmed a decision of the Orphans’ Court of Montgomery County that a donor to a foundation lacks standing to enforce the conditions of a loan made by the foundation to a church when there was no … Continue reading →

Posted in Opinions | Tagged Charitable gifts, Charitable trusts, PEF 7731, standing

Beneficiary’s Child Support to be Paid from Estate

A beneficiary’s court-ordered child support arrearage should be paid from the estate, notwithstanding the spendthift clause in the will, and the children’s mother had no standing to object to the administration of the estate or seek removal of the executor.  … Continue reading →

Posted in Opinions | Tagged Attorney fees, Spendthrift clause, standing

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