• In Re: Marsh

    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.

  • In re: Estate of Kuntz

    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.

  • In Re Passarelli Family Trust

    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.

  • Huber v. Noonan

    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.

  • In re Estate of Kuntz

    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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  • In Re Jackson Charitable Trust

    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.

  • In Re Estate of Wierzbicki

    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.

  • In Re: Estate of Easterday, deceased

    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.

  • Mark Hershey Farms, Inc. v. Robinson

    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.

  • Estate of Phillips

    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.