• In re: Estate of Ross

    Publication Date: 2022-12-26
    Practice Area: Trusts and Estates
    Industry: Legal Services
    Court: Courts of Common Pleas, Chester County
    Judge: Judge Verwey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1520-0572

    While counsel originally represented that he would not charge for legal services related to the basic work necessary for administering a small estate, he testified credibly about the fair and reasonable rates he charged for work that became necessary when the estate administration became contentious due to objector's own conduct. The court overruled objector's objections.

  • In re Estate of Tomcik

    Publication Date: 2022-11-28
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 984 WDA 2021

    Orphans' court properly clarified orders denying appellant's motion to dismiss estate's action, imposed sanctions and directed appellant to pay the previously agreed-upon settlement and court awarded additional counsel fees due to appellant's obdurate, dilatory and vexatious conduct. Affirmed.

  • In re: Estate of Byerley

    Publication Date: 2022-10-31
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2572 EDA 2021

    Trial court correctly accepted more-recently executed will for probate where evidence demonstrated that will was validly executed and challenging beneficiary failed to present any evidence of testator's weakened intellect to support a claim of undue influence. Order of the trial court affirmed.

  • Delaware Vall. Landscape Stone, Inc., v. RRQ, LLC

    Publication Date: 2022-10-31
    Practice Area: Trusts and Estates
    Industry: Legal Services | Real Estate
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2103 EDA 2021

    Non-attorney trustee could not lawfully represent trust during legal proceedings, and their filings had to be stricken although it did not require quashal of the appeal. Appellee's motion to quash appeal denied, appellant's brief stricken.

  • In re: Estate of Cassidy

    Publication Date: 2022-10-31
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge Gilman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2020-E0433

    While a scrivener's error created a potential ambiguity in decedent's conditional bequest to his step-grandchildren, the record made clear that the bequest had been conditioned upon decedent still being married to the step-grandchildren's grandmother and, thus, the divorce and distribution of an equitable portion of the couple's marital assets rendered the bequest null and void. The court recommended affirmance.

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  • In re Basham

    Publication Date: 2022-10-17
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 77 of 2012, O.C.

    The court granted a motion for reconsideration in part and denied it in part finding that the court had properly considered all relevant facts when appointing an attorney as a co-guardian of an incapacitated person's estate and person. The court noted that because petitioner raised no new facts, a motion for reconsideration was not the proper vehicle to simply present an argument for the second time.

  • In re Trust Under Deed of Trust of Jack

    Publication Date: 2022-10-03
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 415 WDA 2021

    Orphan's court erred in granting trust beneficiary's request for injunctive relief preventing trustees from using trust assets to pay legal fees and in enjoining trustee from exercising any special power of appointment under the trust because orphans' court failed to either hold a hearing or make a finding of immediate and irreparable injury and trustee's exercise of her nonfiduciary special power of appointment was separate and distinct from her duties as a fiduciary. Order vacated.

  • Estate of Green v. Bureau of Unclaimed Prop.

    Publication Date: 2022-10-03
    Practice Area: Trusts and Estates
    Industry: Insurance | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 749 C.D. 2021

    Order dismissing estate's claim to annuity funds vacated where the record did not permit a conclusive determination as to whether an orphans' court decree against the annuity company governed the annuity funds, which could subject them to attachment while in the treasury's custody. Order of the treasury department vacated, case remanded.

  • Estate of Mackes v. Martino

    Publication Date: 2022-09-26
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 001961-CV-2019

    Court granted motion to dismiss matter arising out of a family dispute regarding a life tenancy on a decedent's property. The court granted the motion to dismiss on the grounds that the administrator of the estate failed to file the complaint within the applicable statute of limitations. The court further granted the motion on the grounds that the administrator simply speculated that decedent suffered damages but otherwise failed to produce any appraisals, facts, or figures which supported the claim.

  • Trust B Under Agreement of Wells

    Publication Date: 2022-09-26
    Practice Area: Trusts and Estates
    Industry: Education | Non-Profit
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1269 WDA 2021

    Orphans' Court properly denied appellant university and trust beneficiary's motion to terminate the trust because appellant had not proven the existence of "administrative expense or other burdens unreasonably out of proportion to the charitable benefits" as required by 20 Pa.C.S.A. §7740.3(e). Affirmed.