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Publication Date: 2017-12-19
Practice Area: Trusts and Estates | Wrongful Death
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1826
Descendents mere speculation that decedent died from something other than natural causes was insufficient reasonable cause to warrant disinterment of decedents remains. Order of the orphans court affirmed.
Publication Date: 2017-12-19
Practice Area: Damages | Trusts and Estates
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Butts
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1794
Appellant, an auction company allegedly damaged when a court halted an auction sale, could not recover equitable relief since it failed to properly preserve such a claim in this suit and came before the court with unclean hands regarding its knowledge of the alleged breaching parties. The court recommended affirmance of its order denying appellant relief.
Publication Date: 2017-12-12
Practice Area: Trusts and Estates
Industry:
Court: Superior Court
Judge: Judge Ransom
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1815
Trial court abused its discretion in finding that the creation of an irrevocable trust was premised on fraud because although wife was not aware that husband had brought properties in Florida and included them in the assets of a corporation when she executed the trust, she identified no duty to fully disclose a corporations assets when the corporation was added to the trust corpus, there was no divorce pending when the trust was executed and she could not show that she suffered any injury from the misrepresentation. Reversed.
Publication Date: 2017-12-05
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Johnson
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1721
After determining Florida law was controlling under a choice of law analysis, the court concluded a Pennsylvania attorney was required to provide her estate planning file relating to a decedent, except for any opinion work product contained in the file.
Publication Date: 2017-11-21
Practice Area: Contractual Disputes | Trusts and Estates
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Butts
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1493
The plaintiff auctioneer could not recover damages based upon the cancellation of an auction for the sale of estate property where a court ordered that the auction be cancelled, not the seller who entered into the auction contract with petitioner. The court denied petitioners claim for damages on a breach of contract theory.
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Publication Date: 2017-11-21
Practice Area: Trusts and Estates
Industry:
Court: Superior Court
Judge: Judge Solano
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1710
Orphans court correctly required that trust distribute five percent of its assets in 2016, in action brought by corporate trustee asserting a deadlock between it and the individual trustees, but erred in adopting the corporate trustees list of donees. Affirmed in part, reversed in part and remanded.
Publication Date: 2017-11-21
Practice Area: Trusts and Estates
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1711
Orphans court correctly denied appellants claim that decedents transfer of death designation for a bank account was invalid but went too far in finding that the account was a non-probate asset because the court never addressed appellants alternative undue influence claim. Affirmed in part, reversed in part and remanded.
Publication Date: 2017-10-24
Practice Area: Trusts and Estates
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1594
Insurance beneficiary designation was not statutorily invalidated due to the pendency of a divorce proceeding between the insured decedent and named beneficiary. Order of the orphans court affirmed.
Publication Date: 2017-10-17
Practice Area: Civil Procedure | Corporate Entities | Trusts and Estates
Industry: Agriculture
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1566
Trial court erred in finding appellant beneficiary and executor of estate personally liable for bill for animal feed delivered to farm business owned by estate because there was no legal theory to justify extending piercing the corporate veil.
Publication Date: 2017-10-10
Practice Area: Elder Law | Evidence | Expert Witnesses | Trusts and Estates
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Overton
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1419
Where a petitioner for guardianship relied on hearsay evidence, the family of the respondent was providing her with care, and the respondent herself testified lucidly about not wanting or needing a guardianship, the court properly denied the petition.
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