• In Re: Estate of Poleshuk

    Publication Date: 2024-01-22
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge Trauger
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2015-E0692

    Father, proceeding pro se, appealed the court's order removing him as guardian of the estate of his incapacitated adult son. The court concluded that it did not err in refusing to grant father additional continuances of its scheduled hearing on the matter, or in decreeing that father should be removed as his son's estate guardian.

  • Estate of McFadden v. McFadden

    Publication Date: 2023-12-11
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 263 EDA 2023

    Trial court erred in denying appellant's petition to strike and/or open a foreign judgment because the deficient certification of the docket entries was apparent on the face of the record. Reversed and remanded.

  • Lesko v. Brenning

    Publication Date: 2023-11-27
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1201 WDA 2022

    Administratrix appealed court of common pleas orders exempting $30,000 in a bank account from attachment and an order allowing account holders to use some of the funds and court found the civil trial division lacked subject matter jurisdiction to adjudicate the matter. Vacated and remanded to the orphans' court division.

  • In re Estate of Simpson

    Publication Date: 2023-11-20
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1042 WDA 2022

    Trial court erred in imposing sanctions on appellant attorney who filed an "Objection to Account (Fraud)" on behalf of his client, decedent's wife, asserting fraud on wife in inducing her to elect to take under the will and trying to withdraw her election and court found appellant mistakenly presented his argument in the wrong format and/or wrong forum and the record did not show his filing was vexatious. Reversed.

  • Core v. Branch

    Publication Date: 2023-10-30
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Brinkley
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2259

    Defendant appealed the court's finding in favor of plaintiff, as administrator of a decedent's estate, regarding plaintiff's complaint to eject defendant from residential real property. The court concluded that its decision should be affirmed.

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  • In re Sletten Family Trust

    Publication Date: 2023-10-16
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 408 EDA 2022

    Parties cross-appealed orphans' court's decision surcharging co-trustees for payments made on mortgages under a trust and court found co-trustee committed a breach of fiduciary duty and was properly surcharged, orphans' court properly denied attorney fees and sanctions but erred in calculating the final amount to be distributed. Affirmed in part and reversed in part.

  • In re Koepfinger, an Individual

    Publication Date: 2023-09-11
    Practice Area: Trusts and Estates
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20 WAP 2022

    Superior court erred in reversing orphans' court's finding a trust was void because the power of attorney under which the trust was created was void ab initio because it was not executed as prescribed by subsection 5601(b)(3) of the probate, estates and fiduciaries code and court held the POA was legally non-existent and the trust a legal nullity. Judgment vacated.

  • Trust Under Deed of Garrison

    Publication Date: 2023-08-28
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1429 EDA 2020

    In case disputing the validity of modification agreements to an inter vivos trust, orphans' court properly denied appellants' motion for judgment on the pleadings on the grounds of disputed issues of material fact and court vacated its denial of appellants' petition for declaratory judgment as premature, vacated its decision that estate was not a proper participant to the proceedings and remanded for discovery on the issue of a confidential relationship. Affirmed in part, vacated in part and remanded.

  • In re: Estate of Bavol

    Publication Date: 2023-08-14
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 417 WDA 2022

    Will did not displace statutory presumption imposing inheritance taxes on transferees receiving non-probate assets where tax clause was expressly limited to assets passing under the will. Order of the trial court affirmed.

  • In re: Estate of Kuhar

    Publication Date: 2023-08-07
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge Fritsch
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2023-E0229

    Appellant appealed the court's decree granting appellee's petition to decline life sustaining treatment for the parties' mother, who was alleged to be an incapacitated person. The court recommended that the appeal be dismissed.