• In re: Estate of Romano

    Publication Date: 2024-04-19
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge Admin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2007-E0088

    Appellant appealed the court's order appointing a successor administrator to the estate of appellant's deceased father. The court requested that its order be affirmed where the court had jurisdiction to enter the order, which appointed a neutral estate administrator in light of ongoing litigation among estate beneficiaries.

  • Transformation Yoga Project

    Publication Date: 2024-04-12
    Practice Area: Trusts and Estates
    Industry: Non-Profit
    Court: Courts of Common Pleas, Chester County
    Judge: Judge Binder
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 15-23-1714

    Petitioner nonprofit Pennsylvania corporation and public charity sought the court's approval of an agreement to transfer its assets to a new entity. The court denied the petition without prejudice where petitioner failed to aver that the separate existence of a trust solely for charitable purposes would result in administrative expense or other burdens unreasonably out of proportion to the trust's charitable benefits.

  • Trust of John S. Middleton

    Publication Date: 2024-04-12
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1843 EDA 2022

    Court vacated order compelling trust distributions where there were outstanding questions as to whether the trial court had jurisdiction over the trust following a purported transfer of the trust situs to another jurisdiction. Order of the trial court vacated, case remanded.

  • In re: Trust of John S. Middleton

    Publication Date: 2024-04-12
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2006 EDA 2022

    Settlor's appeal of dismissal of answer for lack of standing quashed where order determining standing was not a final order, appealable as of right, or a collateral order as it merely resolved settlor's claim to statutory standing to participate in proceedings regarding trust. Appeal quashed.

  • In re Trust B Under Agreement of Wells

    Publication Date: 2024-04-05
    Practice Area: Trusts and Estates
    Industry: Education
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 5 WAP 2023

    Charitable foundation appealed the denial of its motion to terminate a trust and court found orphans' court acted within the discretion afforded it by 20 Pa.C.S. §7740.3(e) and foundation failed to satisfy the high standard for termination in §7740.3(e). Affirmed.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Hamilton Law Group, P.C. v. Jabbour

    Publication Date: 2024-03-15
    Practice Area: Trusts and Estates
    Industry: Health Care
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 125 CV 2023

    Defendants filed preliminary objections to plaintiff's amended writ of revival in an action for collection of a medical services debt. The court dismissed the preliminary objections in pertinent part where a decedent's estate was properly served via the attorney who represented her estate administrator in her estate proceedings.

  • In Re: Estate of Poleshuk

    Publication Date: 2024-01-22
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge Trauger
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2015-E0692

    Father, proceeding pro se, appealed the court's order removing him as guardian of the estate of his incapacitated adult son. The court concluded that it did not err in refusing to grant father additional continuances of its scheduled hearing on the matter, or in decreeing that father should be removed as his son's estate guardian.

  • Estate of McFadden v. McFadden

    Publication Date: 2023-12-11
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 263 EDA 2023

    Trial court erred in denying appellant's petition to strike and/or open a foreign judgment because the deficient certification of the docket entries was apparent on the face of the record. Reversed and remanded.

  • Lesko v. Brenning

    Publication Date: 2023-11-27
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1201 WDA 2022

    Administratrix appealed court of common pleas orders exempting $30,000 in a bank account from attachment and an order allowing account holders to use some of the funds and court found the civil trial division lacked subject matter jurisdiction to adjudicate the matter. Vacated and remanded to the orphans' court division.

  • In re Estate of Simpson

    Publication Date: 2023-11-20
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1042 WDA 2022

    Trial court erred in imposing sanctions on appellant attorney who filed an "Objection to Account (Fraud)" on behalf of his client, decedent's wife, asserting fraud on wife in inducing her to elect to take under the will and trying to withdraw her election and court found appellant mistakenly presented his argument in the wrong format and/or wrong forum and the record did not show his filing was vexatious. Reversed.