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  • In re Estate of Emery

    Publication Date: 2021-09-20
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1082

    Trial court's 2020 order, addressing the exact amount an executor was to distribute to appellant from decedent's multiple party bank account, did not run afoul of 42 Pa. C.S.A. §5505 because that order did not modify a 2018 order which ordered distribution but did not address the amount of money involved. Affirmed.

  • Estate of DiJoseph

    Publication Date: 2021-08-30
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Chester County
    Judge: Judge Tunnell
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0838

    Executor's final account complied with the law. Objecting party was not entitled to any relief, and the court concluded executor was entitled to attorney fees.

  • Harrison v. Harrison

    Publication Date: 2021-08-02
    Practice Area: Trusts and Estates
    Industry: Accounting
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Gallagher
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0882

    Breach of fiduciary duty claim against trustee dismissed under statute of limitations and where trust document granted trustee discretion over distributions where beneficiary suffered from disabilities that affected beneficiary's ability to manage his own affairs. Defendants' motions for summary judgment granted, plaintiff's cross-motion for partial summary judgment denied.

  • Estate of Hughes

    Publication Date: 2021-07-19
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Chester County
    Judge: Judge Tunnell
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0686

    The court denied a motion to quash subpoenas for a decedent's medical records, and it ordered the parties to proceed with discovery. Requests by the executrix to compel certain actions were not authorized by the discovery rules.

  • In re: Estate of Lehman

    Publication Date: 2021-07-19
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Adams County
    Judge: Judge Wagner
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0685

    Petitioners failed to establish a claim of undue influence where the evidence did demonstrate the existence of a weakened intellect or a confidential relationship.

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  • In re: Estate of Chennisi

    Publication Date: 2021-07-19
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Chester County
    Judge: Judge Platt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0690

    An award from a victim compensation fund belonged to decedent's estate, so the court denied an objection by decedent's surviving spouse regarding the right to the compensation award.

  • Gosselin v. Supervisors of N. Manheim Twp.

    Publication Date: 2021-06-14
    Practice Area: Trusts and Estates
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0664

    The trial court erred in finding that a 35-year old restrictive covenant prohibited the sale of certain lots held by a living trust until the installation of proposed roadways and storm water management improvements, as the most reasonable interpretation of the covenant was that the trust could transfer the lots as part of the entire parcel without first building new roads. The commonwealth court reversed.

  • In re: Estate of Selig

    Publication Date: 2021-06-07
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0534

    Decedent's executor successfully petitioned for a public auction of most of decedent's personal property where his will called for the equal distribution of such property among the named beneficiaries "as they may agree," and the sale of such property for cash should the beneficiaries reach an impasse. The court granted executor declaratory relief.

  • In re Estate of Renwick v. Renwick

    Publication Date: 2021-06-07
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0630

    Orphans' court erred in granting estate's petition to vacate appellant's elective share because the antenuptial agreement was void for lack of consideration where decedent failed to fund appellant's IRA as provided for in the antenuptial agreement. Reversed.

  • In re: Estate of Fabian, P.C.

    Publication Date: 2021-05-24
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Carbon County
    Judge: Judge Serfass
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0475

    Sufficient evidence supported a prima facie case that testator had been unduly influenced, and appellants failed to meet their burden of providing clear and convincing evidence to the contrary.