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206 results for '* topic:"Trusts and Estates"' You can use Search Constraints to get even better search results
Publication Date: 2018-11-20
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Carbon County
Judge: Judge Serfass
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1351
Where petitioners failed to establish a prima facie case of undue influence with proof that the decedent was of a weakened intellect, respondents were not required to affirmatively demonstrate the absence of undue influence upon the decedent. The court recommended affirmance of its order denying petitioners' relief.
Publication Date: 2018-11-13
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1307
A decedent's will expressly devised his residence to one of his sons, and the Dead Man's Rule precluded the admissibility of contrary statements by the decedent. The court granted a motion by the devisee to exclude other family members from the residence.
Publication Date: 2018-11-06
Practice Area: Fee Disputes | Trusts and Estates
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1305
The executor of the estate at issue was not entitled to a commission charged where his unexplained delay in activity resulted in this relatively simple estate remaining open and where he failed to provide testimony to establish how his commission was calculated. The court denied executor a commission and assessed a sanction against him.
Publication Date: 2018-10-23
Practice Area: Administrative Law | Trusts and Estates
Industry:
Court: Superior Court
Judge: Judge Musmanno
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1275
Orphans' court erred in granting letters of administration C.T.A. to the attorney who held a power of attorney from the executrix named in the deceased's will because the register of wills had jurisdiction to grant letters of administration and there was no confirmation in the certified record that the will was admitted to probate or that the initial register of wills' determination was appealed to the orphan's court. Vacated.
Publication Date: 2018-10-23
Practice Area: Civil Procedure | Family Law | Trusts and Estates
Industry:
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1262
Where both parties' competency in this divorce action was called into question but neither parties' competency established, the trial court's equitable distribution award was premature. The appellate court vacated an equitable distribution order and divorce decree.
Law Journal Press | Digital Book
Authors: Rosemary Alito
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Publication Date: 2018-10-16
Practice Area: Evidence | Trusts and Estates
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Carrafiello
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1155
Mother was entitled to the relief sought in her petition for forfeiture of father's share of wrongful death proceeds arising from the death of their minor child where father failed to support the child during the last year of his life. The court recommended affirmance of its order granting mother's forfeiture petition.
Publication Date: 2018-10-09
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Herron
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1158
A party contesting a will failed to meet her burden of proof, because she did not present any testimony or documentary evidence in support of her claims of undue influence or lack of testamentary capacity.
Publication Date: 2018-10-09
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Herron
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1156
Petitioner was entitled to remove respondent as the corporate trustee of her special needs trust and replace it with a successor trustee where the express terms of the trust agreement gave her authority to remove a corporate trustee for any reason with court approval. The court granted petitioner's petition.
Publication Date: 2018-10-09
Practice Area: Trusts and Estates
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1185
Trial judge erred in denying a mistrial and granting a nonsuit at the close of appellant's case in chief, in action by decedent's children alleging fraud and the failure of their legacy, where decedent's wife suddenly waived her assertion of attorney-client privilege in opening statement after asserting it throughout discovery because the trial court should have either excluded the testimony or allowed appellants to depose wife and attorney to discover the substance of the undisclosed communications. Vacated and reversed.
Publication Date: 2018-10-09
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Herron
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1159
The substantial compliance doctrine did not apply to a situation where an annuity owner failed to properly execute a change of beneficiary form, or to follow up with the insurance company after it notified him of a problem. Therefore, the court held his attempted beneficiary change was ineffective.
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