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220 results for '* topic:"Trusts and Estates"' You can use Search Constraints to get even better search results
Publication Date: 2022-08-29
Practice Area: Trusts and Estates
Industry: Financial Services and Banking
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Alejandro
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0971
Beneficiaries/heirs of IRA account proceeds lacked standing to assert mismanagement claims against the individual who managed the account on behalf of the deceased account holder, where such alleged mismanagement only impacted the account holder, not the beneficiaries. Defendant's motion to dismiss granted.
Publication Date: 2022-08-29
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Bucks County
Judge: Judge Fritsch
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0931
Court requested that the Orphans' Court order denying a petition to remove an estate's administrator be affirmed. Specifically, the court emphasized the fact that the court is granted the discretion with reviewing an administrator's capacity, and in this instant matter, although the administrator had Parkinson's Disease, his condition did not further limit his cognitive or physical abilities.
Publication Date: 2022-07-25
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0754
There was sufficient evidence to overcome the presumption that decedent destroyed or revoked his original will, which could not be found, where the testator properly executed the original will, the contents of that will were substantially the same as the copy presented and the testator had not destroyed or revoked the will prior to his death. The court granted a petition to submit a will photocopy to probate, subject to the two-witness rule.
Publication Date: 2022-07-18
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Fayette County
Judge: Judge Creany
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0724
Court grants motion to dismiss claims arising from a father's will which failed to bequeath property to his children and instead named his friend as the main beneficiary. Although the daughter of the testator brought a claim for legal malpractice, the court noted Pennsylvania law was clear that only an individual who had an attorney-client relationship with an attorney could bring a claim against a lawyer. In this case, the plaintiff had never had an attorney-client relationship with the attorney who drafted testator's will. The court
Publication Date: 2022-07-11
Practice Area: Trusts and Estates
Industry:
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Wecht
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for defendant:
Case Number: 22-0750
Superior court erred in allowing wife to revoke her election against the testator's will more than three years after her original election because the time limit in subsection 2210(b) was clear as was the intent it embodied. Reversed.
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Publication Date: 2022-07-04
Practice Area: Trusts and Estates
Industry:
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0750
Spouse who made an election under or against a will was required to revoke any election within the same statutory time frame for filing the election. Order of the superior court reversed.
Publication Date: 2022-06-27
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0661
Plaintiff, an executor of his late friend's estate and the estate filed a motion to assess damages after being awarded a default judgment on a suit alleging undue influence, fraud, misrepresentation, and other grounds for relief. Specifically, the allegations all claimed that defendant, the decedent's caregiver, took financial advantage of the decedent, a wealthy man who was both blind and immobile in the last few years of his life. After obtaining the default judgment, plaintiff then filed a motion to assess damages and defendant rep
Publication Date: 2022-06-27
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0663
Respondent was incompetent, under the Dead Man's Act, to testify about a purported inter vivos gift of vehicles by the decedent prior to his death where respondent, the surviving party, failed to establish a prima facie valid inter vivos gift by clear, convincing and independent evidence. The court of common pleas barred respondent's testimony.
Publication Date: 2022-06-27
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Lindhart
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0664
After reviewing ambiguous language in a testator's will that directed trust shares be distributed "in equal shares" to his two daughters and then upon their death, the remaining portions to their descendants, the probate court ordered trust distributions be distributed per stirpes in accordance with the "American Rule." The court reasoned that it could not infer that testator intended the shares to be distributed per capita because the language in the will did not specifically address "lineal descendants" of his two daughters nor did
Publication Date: 2022-06-13
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0553
The court denied petitioner's request to set a purchase price and authorize the sale of decedent's family farm to him where decedent's will contained a latent ambiguity regarding an option to purchase and the related price and her intent could not be determined from the four corners of the will alone. The court denied petitioner's request and directed the co-executors to take certain action.
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