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  • In re Trust Established Under Agreement of Scaife

    Publication Date: 2022-06-06
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0635

    Orphans' court properly compelled discovery based on a fiduciary exception to the attorney-client privilege.

  • In re: Ryglinski

    Publication Date: 2022-06-06
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Acker
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0524

    Where a civil lawsuit had not been concluded at the time of decedent's death, the court could appoint an executor to handle the litigation, even though the estate did not otherwise require an administrator.

  • Estate of Schwartz v. Becker

    Publication Date: 2022-05-23
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0568

    Orphans' court did not err in upholding register of wills' denial of appellant's petition for letters of administration for intestate decedent because appellant was an adverse party to the estate in pending litigation regarding the property. Affirmed.

  • In re Estate of Butz

    Publication Date: 2022-05-23
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0469

    Due to a conflict of interest based on years of acrimony between two siblings who had been co-trustees of their mother's testamentary trust, the court ordered the removal of the remaining trustee and appointed a third party to serve as trustee.

  • Medvitz v. Gabriel

    Publication Date: 2022-03-28
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Acker
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0241

    Preliminary objections to respondents' new matter sustained where order to show cause issued to respondents did not concern the claims raised by respondents that were struck by the preliminary objections. Petitioner's preliminary objections sustained in part and overruled in part.

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  • Rogers v. Wilmington Trust Co.

    Publication Date: 2022-03-22
    Practice Area: Trusts and Estates
    Industry: Investments and Investment Advisory
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Restrepo
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69750

    The court found that plaintiff waived fiduciary claims about certain investments through a direct statement of waiver, the issue of whether excess fees was allowed by the trust agreement was time-barred, plaintiff failed to state a claim for proximate cause regarding whether defendant should have provided tax planning to plaintiff, former trustee was allowed by the trust agreement to act as both trustee and advisor, and the exculpation clause prohibited the equitable fraud claim.

  • In re: Estate of Johnson

    Publication Date: 2022-03-14
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0203

    While objectors did not oppose their deceased mother's husband retaining the rings she wore during her lifetime, they correctly claimed that the rings were part of mother's estate and that they were entitled to one-half of the value of the rings as per their intestate share of the estate where husband retained the rings to bury with mother's ashes. The court granted objectors relief.

  • Estate of Chennisi

    Publication Date: 2022-03-07
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0243

    Orphans' court erred in holding decedent's September 11th Victim's Compensation Fund award was not made pursuant to the Air Transportation Safety and System Stabilization Act but correctly held that the award was an asset of decedent's estate, subject to administration by the executor. Affirmed in part and reversed in part.

  • Thompson v. Watson

    Publication Date: 2022-02-28
    Practice Area: Trusts and Estates
    Industry:
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Baxter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0219

    Defendants moved to dismiss plaintiff's complaint alleging abuse of process and civil conspiracy based on defendants' action in orphans' court trying to force a buy-out of defendant's interests in family companies and court found plaintiff sufficiently alleged abuse of process and civil conspiracy. Motion denied.

  • Sharisky v. Sharisky

    Publication Date: 2022-02-21
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Acker
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0090

    The court ruled that defendants' preliminary objections to plaintiff's complaint should be granted and plaintiff's complaint should be dismissed on the basis of res judicata, collateral estoppel, and failure to state a claim for fraud. Complaint dismissed.