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Publication Date: 2018-03-27
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0304
In this matter involving two trusts created by a married couple, the court allowed one of their children to intervene in pending proceeding relating to one of the trusts. The court rejected the trustees motion for summary judgment, and it consolidated these two trust proceedings for trial.
Publication Date: 2018-02-20
Practice Area: Civil Procedure | Criminal Law | Trusts and Estates
Industry:
Court: Superior Court
Judge: Judge Ott
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0168
Commonwealth could introduce evidence of deteriorating condition of elderly victims home to refute defendants denial of criminal intent in spending the assets of the victims estate. Judgment of sentence affirmed.
Publication Date: 2018-01-30
Practice Area: Civil Procedure | Discovery | Trusts and Estates
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Butts
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for defendant:
Case Number: 17-1860
The court held estate counsel in civil contempt and imposed sanctions where counsel failed to appear and provide testimony at a scheduled deposition in accordance with a subpoena without providing any legitimate reason for failing to appear. The court granted petitioners motion for sanctions and contempt order.
Publication Date: 2018-01-23
Practice Area: Trusts and Estates
Industry:
Court: Superior Court
Judge: Judge Lazarus
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for defendant:
Case Number: 18-0066
Pending divorce action was not a basis for forfeiture of spousal share where grounds for divorce had not been establish where decedent had not filed his affidavit of consent to no-fault divorce, and where decedents removal from marital residence was not spouses refusal to support. Order of the orphans court reversed.
Publication Date: 2018-01-23
Practice Area: Trusts and Estates
Industry:
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0065
Individual acting as grantor and grantee never delivered deed where he failed to record and subsequently alienated interests in the property in contravention of the deed. Order of the superior court reversed.
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Publication Date: 2018-01-16
Practice Area: Trusts and Estates
Industry:
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0027
Superior Court erred in affirming the Orphans Courts decree that under 20 Pa. C.S. §7710.2, decedents inter vivos trust had to be considered part of the pretermitted spousal share because nothing in the text of §7710.2 or the commentary thereto expressed any specific legislative intent to change the pre-2006 framework for providing for pretermitted spouses and the language in §7710.2 was consistent with prior precedent. Reversed.
Publication Date: 2018-01-16
Practice Area: Trusts and Estates
Industry:
Court: Superior Court
Judge: Judge Solano
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for defendant:
Case Number: 18-0023
Contingent beneficiary lacked standing to force trustee to make trust assets productive, where trust agreement conferred such standing exclusively upon the trusts current beneficiary, and where contingent beneficiary could not access trust property through current beneficiary as a creditor due to trust agreements spendthrift provision. Order of the orphans court affirmed.
Publication Date: 2018-01-09
Practice Area: Administrative Law | Employment Litigation | Trusts and Estates
Industry:
Court: Commonwealth Court
Judge: Judge Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1910
Trial court properly refused to compel police pension fund to pay survivors benefits to appellant after Orphans Court ruled that she was deceaseds common-law wife because the fund plan mandated exhaustion of contractual remedies, appellant did not appeal the funds prior adjudication that she did not prove the marriage and the plan decision was final and binding.
Publication Date: 2018-01-09
Practice Area: Trusts and Estates
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1909
Trial court erred in relying on the dead mans act to grant summary judgment in favor of executrix in appellants action seeking specific performance of a partnership agreement and a declaration that a purported merger of the partnership into a LLC was null and void because appellant produced sufficient evidence in the form of documents to raise a genuine issue of material fact as to whether the partnership continued and the validity of the merger did not hinge on appellants ability to testify. Reversed.
Publication Date: 2017-12-26
Practice Area: Real Estate | Trusts and Estates
Industry: Real Estate
Court: Commonwealth Court
Judge: Judge Simpson
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1847
Seller of blighted property was statutorily obligated to pay a conservators fees to the petitioner for conservation, even before the petitioner was appointed conservator. Order of the trial court affirmed.
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