• Edwards v. Norfolk S. Ry. Co.

    Publication Date: 2023-04-10
    Practice Area: Trusts and Estates
    Industry: Transportation
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 826 EDA 2021

    Relation back doctrine could render complaint filed by estate's personal representative timely even though personal representative had not yet been appointed, where personal representative was decedent's spouse and nominated as executor by the decedent's will, such that appointment was reasonably certain. Order of the trial court affirmed.

  • Allstate Life Ins. Co. v. McKean

    Publication Date: 2023-04-10
    Practice Area: Trusts and Estates
    Industry: Insurance
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Horan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2:21-CV-01111-MJH

    Absent a specific court order, an incapacitated person's guardian lacked authority to terminate and direct the surrender of the person's life insurance policy, so that the policy's death benefits remained payable to the policy beneficiary upon the person's death. Trial court granted summary judgment in favor of the policy beneficiary and denied summary judgment in favor of the executrix of decedent's estate.

  • Dunlop v. Dunlop

    Publication Date: 2023-02-13
    Practice Area: Trusts and Estates
    Industry: Hospitality and Lodging
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1609 CIVIL 2021

    Defendant wife acted improperly when she sold a parcel of property owned by husband's company without authority to do so under a power of attorney, and was unjustly enriched by that unauthorized sale and retention of the proceeds for her own use. The court granted plaintiffs' motion for summary judgment.

  • In re Amended & Restated Deed of Trust of Holdship

    Publication Date: 2023-02-06
    Practice Area: Trusts and Estates
    Industry: Financial Services and Banking
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 166 WDA 2022

    Orphans' court properly sustained bank's demurrer to beneficiaries' claims for compelled distributions and seeking to remove bank as co-trustee of trust because beneficiaries' petition did not set forth factual allegations upon which the recovery they sought could be granted and they did not allege that bank breached any of its duties under the trust and the Pennsylvania Uniform Trust Act. Affirmed.

  • In re: Trust Under Deed of Garrison

    Publication Date: 2023-02-06
    Practice Area: Trusts and Estates
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 61 MAP 2022

    Trial court erred in applying precedent that barred beneficiaries from modifying trust instrument to remove and replace trustees, where modification of trust to grant removal power to beneficiaries had been unanimously consented to by the settlor and beneficiaries. Order of the superior court reversed, case remanded.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • In re: Estate of Benson

    Publication Date: 2023-01-30
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: OC-41-18-0354

    Respondent presented clear and convincing evidence of decedent's donative intent with respect to certain vehicles, but his evidence was insufficient to establish an inter vivos transfer of those vehicles so as to divest decedent of dominion over them. The court ordered return of the subject vehicles.

  • In Re: Estate of Stroble

    Publication Date: 2023-01-23
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: OC-41-20-0062

    Petitioner, who claimed to be the decedent's daughter and sole heir, could not compel decedent's parents to submit to genetic testing in order to ascertain whether she was in fact decedent's daughter because the court lacked authority to compel the putative grandparents to submit to such testing. The court denied petitioner's request.

  • In re Dille Family Trust

    Publication Date: 2023-01-23
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Acker
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 43 OF 2019, O.C.

    The court held that the situs of a family trust was located in Lawrence County, Pennsylvania and that the beneficiaries, under both the terms of the amended trust and Pennsylvania law, could not change the situs of the trust without also changing the trustee.

  • In re Estate of Klobetanz

    Publication Date: 2023-01-16
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Acker
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 76 OF 2022, O.C.

    The court found that respondent was given a possessory interest in all tangible property involving property not specifically bequeathed to others in a decedent's last will and testament on the basis that respondent was granted a possessory interest in the house that enabled her to continue to reside on the property for a period of three years.

  • In re: Estate of Ross

    Publication Date: 2022-12-26
    Practice Area: Trusts and Estates
    Industry: Legal Services
    Court: Courts of Common Pleas, Chester County
    Judge: Judge Verwey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1520-0572

    While counsel originally represented that he would not charge for legal services related to the basic work necessary for administering a small estate, he testified credibly about the fair and reasonable rates he charged for work that became necessary when the estate administration became contentious due to objector's own conduct. The court overruled objector's objections.