A trust will follow the same rules as estates and corporations when it comes to determining whether an attorney is required to initiate or fight litigation, an Adams County Court of Common Pleas judge has ruled.
Judge John D. Kuhn ruled in Straban Township v. Hanoverian Trust that the defendant trust must retain an attorney to fight Straban Township’s lawsuit seeking an injunction to remove people from an estate the trust allegedly owns. Defendant Heywood Becker, a trustee of the Hanoverian Trust, had filed preliminary objections to the township’s complaint, but the township argued that the trust could only be represented by an attorney.
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