• In Re: Estate of Coleman

    Publication Date: 2023-06-12
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge Trauger
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2009-E0186-40

    Appellant failed to establish by clear and convincing evidence that she and decedent had a common law marriage. Court recommended the decision of Register of Wills should be affirmed and appellant's appeal should be denied.

  • Carvell v. Edward D. Jones & Co., L.P.

    Publication Date: 2023-05-29
    Practice Area: Trusts and Estates
    Industry: Investments and Investment Advisory
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 713 MDA 2022

    Trial court erred in not compelling arbitration pursuant to unlimited arbitration clause in account agreement that was expressly binding upon the accountholder's estate. Order of the trial court reversed in part, case remanded.

  • In re Estate of Mahlstadt

    Publication Date: 2023-05-22
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 143 O.C. 2019

    Decedent's children objected to real property transfers undertaken before decedent's death by their sibling, who had been appointed as decedent's agent under a power of attorney. The court held that the transfers reflected the family's agreement for purposes of Medicaid planning but that after decedent's death ownership was to be shared among all the siblings as tenants in common.

  • Galizia v. Galizia

    Publication Date: 2023-05-22
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 10645 of 2019, C.A.

    Additional defendants filed preliminary objections to defendant wife's first amended complaint against them. The court granted the preliminary objections, holding that defendant wife failed to set forth claims for resulting trust, unjust enrichment and constructive trust where her husband's mother transferred the mother's corporate stock, of which the husband allegedly was de facto owner, into an irrevocable family trust that named the husband as trustee and the mother's grandchildren as beneficiaries.

  • Williams v. Geer

    Publication Date: 2023-05-15
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 10889-2021, C.A.

    Plaintiffs appealed the trial court's grant of defendants' preliminary objections and dismissal on the basis of lack of jurisdiction. The trial court recommended that its order be affirmed because jurisdiction over plaintiffs' claims rested with the Orphans Court, where an existing action involving the same matters already was on file.

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    Library of Pennsylvania Family Law Forms, Fourth Edition

    Authors: Joseph S. Britton

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  • In re: Estate of Speroni

    Publication Date: 2023-05-08
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 216 O.C. 2022

    Petitioner sought removal of decedent's estate executor. The trial court granted the petition and appointed petitioner as executor de bonis non cum testamento annexo.

  • In re: Estate of Charlie, Jr.

    Publication Date: 2023-04-10
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Johnson
    Attorneys: For plaintiff:
    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.

  • 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.