• In re Estate of Schaefer

    Publication Date: 2023-08-07
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1342 WDA 2022

    Appellant appealed the order distributing decedent's IRA to his second wife and court found 1) the plain and unambiguous language of the IRA provided for inheritance by a surviving spouse only if there was no named beneficiary, 2) decedent had named first wife as the beneficiary and 3) second wife waived her right to decedent's separate property and any part of his estate in the premarital agreement. Vacated.

  • In re: Estate of Cassidy

    Publication Date: 2023-06-26
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1661 EDA 2022

    Appellants appealed the trial court's order denying their petition for declaratory judgment and granting the petition for declaratory judgment filed by appellees. The court reversed and remanded with instructions.

  • Gregg v. Hasson

    Publication Date: 2023-06-19
    Practice Area: Trusts and Estates
    Industry: Real Estate
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 11242 of 2017, Equity

    Siblings filed suit seeking the partition of real property jointly owned by them as tenants-in-common, with various financial transactions and repairs performed by a company called East Coast Paving. The court addressed several issues related to the consolidation of two cases, the allocation of fair rental value for a property, the distribution of mortgage payoff, the allocation of costs paid for property maintenance, and a breach of contract claim.

  • In Re: Estate of Coleman

    Publication Date: 2023-06-12
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge Trauger
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2009-E0186-40

    Appellant failed to establish by clear and convincing evidence that she and decedent had a common law marriage. Court recommended the decision of Register of Wills should be affirmed and appellant's appeal should be denied.

  • Carvell v. Edward D. Jones & Co., L.P.

    Publication Date: 2023-05-29
    Practice Area: Trusts and Estates
    Industry: Investments and Investment Advisory
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 713 MDA 2022

    Trial court erred in not compelling arbitration pursuant to unlimited arbitration clause in account agreement that was expressly binding upon the accountholder's estate. Order of the trial court reversed in part, case remanded.

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  • In re Estate of Mahlstadt

    Publication Date: 2023-05-22
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 143 O.C. 2019

    Decedent's children objected to real property transfers undertaken before decedent's death by their sibling, who had been appointed as decedent's agent under a power of attorney. The court held that the transfers reflected the family's agreement for purposes of Medicaid planning but that after decedent's death ownership was to be shared among all the siblings as tenants in common.

  • Galizia v. Galizia

    Publication Date: 2023-05-22
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 10645 of 2019, C.A.

    Additional defendants filed preliminary objections to defendant wife's first amended complaint against them. The court granted the preliminary objections, holding that defendant wife failed to set forth claims for resulting trust, unjust enrichment and constructive trust where her husband's mother transferred the mother's corporate stock, of which the husband allegedly was de facto owner, into an irrevocable family trust that named the husband as trustee and the mother's grandchildren as beneficiaries.

  • Williams v. Geer

    Publication Date: 2023-05-15
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 10889-2021, C.A.

    Plaintiffs appealed the trial court's grant of defendants' preliminary objections and dismissal on the basis of lack of jurisdiction. The trial court recommended that its order be affirmed because jurisdiction over plaintiffs' claims rested with the Orphans Court, where an existing action involving the same matters already was on file.

  • In re: Estate of Speroni

    Publication Date: 2023-05-08
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 216 O.C. 2022

    Petitioner sought removal of decedent's estate executor. The trial court granted the petition and appointed petitioner as executor de bonis non cum testamento annexo.

  • In re: Estate of Charlie, Jr.

    Publication Date: 2023-04-10
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Johnson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2021-0325

    Executor failed to substantiate petition to recover decedent's tangible and intangible probate assets allegedly misappropriated by sibling absent credible evidence of assets' value, that they were owned by decedent at the time of death, and that they were removed from decedent's residence by the sibling. Trial court denied executor's petition to return probate assets and records.