• In re: Chinatown Building and Ed. Foundation

    Publication Date: 2019-05-27
    Practice Area: Trusts and Estates
    Industry: Non-Profit
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Herron
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0586

    While the indenture of the trust establishing a now defunct charity did not explain the settlor's intent, the court was able to make the reasonable inference, from the trust language and evidence, that the settlor intended to provide for the well-being of the Chinatown community in Philadelphia and distributed cy pres funds accordingly. The court issued an order distributing cy pres funds.

  • In re Fluellen

    Publication Date: 2019-02-12
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Herron
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0144

    A will contestant failed to establish either lack of testamentary capacity or undue influence by clear and convincing evidence. Her concise statement of errors on appeal did not conform to the requirements of the rule, so appellant waived all issues on appeal.

  • In Re Marinucci

    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.

  • In re: Sankey Special Needs Trust

    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.

  • In re Pepe

    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.

  • In re: Estate of Segal

    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: 18-1157

    The court surcharged an accountant appointed as guardian of an elderly woman's person and estate where funds went inexplicably missing from the estate and the guardian engaged in self-dealing. The court sustained objections to a final accounting.

  • In re: Estates of Berg

    Publication Date: 2018-06-12
    Practice Area: Family Law
    Industry: Accounting
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Herron
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-06780

    The court permanently removed accountant Gloria Byars as guardian of the estates of two elderly persons where she engaged in self-dealing and breached her fiduciary duties and imposed a surcharge for her misconduct, while also warning the Philadelphia Corporation for Aging to conduct due diligence before nominating guardians to protect the elderly and incapacitated. The court sustained objector's objections.

  • In re: Estate of G. Capobianco

    Publication Date: 2018-05-29
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Herron
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0585

    When respondent created an irrevocable trust naming himself and two of his six siblings as beneficiaries and transferred decedent's property into the trust under his power of attorney, effectively disinheriting his other siblings, respondent breached his fiduciary duty to attempt to preserve decedent's estate plan. The court sustained objector's objections.