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206 results for '* topic:"Trusts and Estates"' You can use Search Constraints to get even better search results
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.
Publication Date: 2022-07-04
Practice Area: Trusts and Estates
Industry:
Court: Supreme Court
Judge: Justice Wecht
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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:
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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
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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.
Publication Date: 2022-06-06
Practice Area: Trusts and Estates
Industry:
Court: Superior Court
Judge: Judge Murray
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for defendant:
Case Number: 22-0635
Orphans' court properly compelled discovery based on a fiduciary exception to the attorney-client privilege.
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.
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.
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.
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