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Home→Tags Trustee removal

Tag Archives: Trustee removal

Trustee Property Management Surcharges Allowed and Denied

Posted on December 4, 2022 by Daniel EvansDecember 4, 2022

Trustee was not in contempt for preparing and filing an account that did not comply with the Rules of Orphans’ Court Procedure, but a surcharge was imposed “to uphold the authority of the Court,” although the fees of the CPA … Continue reading →

Posted in Opinions | Tagged Account form, Self-dealing, surcharge, Trustee duties, Trustee removal

Appointment of Trustee “at Will”

Posted on May 13, 2019 by Daniel EvansMay 13, 2019

Judge Tunnell of Chester County addressed a number of interesting and practical issues in his adjudication in Griggs Revocable Trust, 9 Fid.Rep.3d 85 (Chester O.C. 2019), including whether a trustee who has resigned (or been removed) can delay transferring trust...

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Posted in News, Tips | Tagged Trustee appointment, Trustee removal

Supreme Court Denies Trust Modification to Replace Trustee

The Supreme Court has held that that 20 Pa.S.C. § 7766 is the exclusive method for removing a trustee, and that a trust cannot be modified under § 7740.1 to allow the beneficiaries to remove and replace the trustee.  Trust … Continue reading →

Posted in Opinions | Tagged PEF 7740.1, PEF 7766, Trust Modification, Trustee removal

On Appeal: Trust Modification to Remove Trustee

The Supreme Court has issued an order allowing an appeal from the decision of the Superior Court in Trust under Agreement of Edward Winslow Taylor, 2015 PA Super 199, (9/18/2015), (dissent by Platt, J.).   No. 692 EAL 2015 (4/12/16).  In its … Continue reading →

Posted in News | Tagged PEF 7740.1, PEF 7766, Trust Modification, Trustee removal

Trust Modifications to Remove Trustees

Posted on September 27, 2015 by Daniel EvansOctober 6, 2018

Can the beneficiaries of a trust agree to a modification of the trust in accordance with 20 Pa.C.S. § 7740.1 that allows them to remove and replace a corporate trustee without any showing that the trustee can be removed in … Continue reading →

Posted in Articles, News | Tagged PEF 7740.1, PEF 7766, Trust Modification, Trustee removal

Trust May Be Modified to Allow Removal of Trustee

A trust may be modified under 20 Pa.C.S. § 7740.1(d) to allow the beneficiaries to remove and replace a corporate trustee without regard to the conditions for removing trustees under 20 Pa.C.S. § 7766.  Trust under Agreement of Edward Winslow … Continue reading →

Posted in Opinions | Tagged PEF 7740.1(b), PEF 7766, Trust Modification, Trustee removal

Removal of Trustee Affirmed

The Superior Court has affirmed a decree of the Philadelphia Orphans’ Court denying the validity of attempted appointments of a successor trustee (or, in the alternative, removing the successor trustee appointed) by the resigning trustee and by the settlor, and … Continue reading →

Posted in Opinions | Tagged PEF 7766, Trustee appointment, Trustee removal

Trust Modification to Remove Trustee Denied

In denying a petition by the beneficiaries of a trust to modify the trust to allow the beneficiaries to remove and replace the trustee, Judge Herron has confirmed that the provisions of 20 Pa.C.S. § 7140.1 allowing modification of trusts … Continue reading →

Posted in Opinions | Tagged PEF 7140.1, PEF 7766, Trust Modification, Trustee removal

Authority to Remove Corporate Trustee

Individual co-trustee had the power to remove and replace the corporate co-trustee even though the will gave that power to a different individual co-trustee “or any individual successor trustee” and the remaining individual co-trustee was one initially appointed, because a … Continue reading →

Posted in Opinions | Tagged Trustee removal, Will interpretation

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