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Publication Date: 2023-04-10
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Johnson
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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.
Publication Date: 2023-04-10
Practice Area: Trusts and Estates
Industry: Transportation
Court: Superior Court
Judge: Judge Pellegrini
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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.
Publication Date: 2023-04-10
Practice Area: Trusts and Estates
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Horan
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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.
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.
Publication Date: 2023-02-06
Practice Area: Trusts and Estates
Industry: Financial Services and Banking
Court: Superior Court
Judge: Judge Colins
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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.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez
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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.
Publication Date: 2023-01-30
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
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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.
Publication Date: 2023-01-23
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
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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.
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.
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.
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