• In Re Estate of Walter

    Publication Date: 2018-07-17
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0834

    Orphans' court properly imposed a surcharge on appellant former executrix for her failure to administer decedent's estate with reasonableness and prudence where estate attorney embezzled estate funds. Affirmed.

  • In re Estate of Laughman

    Publication Date: 2018-07-17
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Adams County
    Judge: Judge Wagner
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0816

    Clear and convincing evidence indicated that a will was executed under undue influence and while the testator suffered from a weakened mental state. The court affirmed the order declaring the will invalid.

  • In re: Estate of Small

    Publication Date: 2018-07-03
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Overton
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0737

    While decedent was a paraplegic restricted to a wheelchair at the time of his death, the evidence established that he was able to care for himself and, thus, he was not a dependent child for purposes of the estate forfeiture statute applicable to non-supporting parents. The court recommended affirmance of the denial of a petition for forfeiture of father's share of his adult child's estate.

  • In re Estate of Tyreman

    Publication Date: 2018-06-12
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0678

    The court declined to impose a surcharge on an agent acting under a power of attorney where the document permitted the general unlimited authority to make gifts.

  • In Re: Trust Created Under the Will of Cohen

    Publication Date: 2018-06-12
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0690

    Orphans' court properly applied cy pres doctrine to affirm successor to trust beneficiary, where successor charity fulfilled testator's intent to provide for physical well-being of community by bequeathing to non-profit hospital so long as it served community health. Order of the orphans' court affirmed.

  • 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.

  • In Re: Estate of Krasinski

    Publication Date: 2018-05-29
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0633

    Estate beneficiary waived challenge to private sale of estate property by failing to appeal from order affirming sale. Order of the orphans' court affirmed in part and vacated in part, case remanded.

  • In re: Estate of John Norman

    Publication Date: 2018-05-08
    Practice Area: Trusts and Estates
    Industry: Health Care
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0465

    The court did not base its decision to deny movant guardianship of her incapacitated father on her decade-old attorney disciplinary record, thought her disciplinary record was relevant to its task of appointing an appropriate guardian who would act in her fathers best interests. The court denied movants motion for reconsideration.

  • In Re: Este of Lillian Powell

    Publication Date: 2018-05-08
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Carrafiello
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0489

    Decedents daughter had probable cause to file this will contest where decedent abruptly changed her estate documents and substituted the agent under her existing a power of attorney during a period in which she suffered from several serious ailments, including paranoia caused by strokes. The court recommended affirmance of its order denying appellants motion to enforce a forfeiture clause.

  • GBForefront L.P. v. Forefront Management Group, LLC

    Publication Date: 2018-05-08
    Practice Area: Civil Procedure | Trusts and Estates
    Industry: Investments and Investment Advisory
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Jordan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0545

    District court erred in dismissing for lack of diversity jurisdiction because Americold Realty Trust v. Conagra Foods, Inc. 136 S.Ct. 1012, ab-rogated Emerald Investors Trust v. Gaunt Parsippany Partners, 492 F.3d 192, and held that the citizenship of a traditional trust was based solely on the citizenship of its trustee and that of a business trust was that of its constituent owners and the court remanded since appellant comprised five trusts and the record contained only one trust instrument. Vacated.