• Johnson v. Neshaminy Shore Picnic park, Inc.

    Publication Date: 2018-10-16
    Practice Area: Evidence | Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Carrafiello
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1155

    Mother was entitled to the relief sought in her petition for forfeiture of father's share of wrongful death proceeds arising from the death of their minor child where father failed to support the child during the last year of his life. The court recommended affirmance of its order granting mother's forfeiture petition.

  • 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.

  • Gregury v. Greguras

    Publication Date: 2018-10-09
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1185

    Trial judge erred in denying a mistrial and granting a nonsuit at the close of appellant's case in chief, in action by decedent's children alleging fraud and the failure of their legacy, where decedent's wife suddenly waived her assertion of attorney-client privilege in opening statement after asserting it throughout discovery because the trial court should have either excluded the testimony or allowed appellants to depose wife and attorney to discover the substance of the undisclosed communications. Vacated and reversed.

  • 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.

  • U.S. Steel & Carnegie Pension Fund v. Readal

    Publication Date: 2018-09-25
    Practice Area: Labor Law | Trusts and Estates
    Industry: Investments and Investment Advisory
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Eddy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1138

    Motion to dismiss negligence counterclaim denied where defendant's alleged harm was sufficiently fixed as plaintiff pension fund's alleged negligence precluded decedent from making correction to beneficiary designation in favor of defendant. Motion to dismiss denied.

  • In Re: Estate of Roczey

    Publication Date: 2018-09-18
    Practice Area: Family Law | Trusts and Estates
    Industry: Health Care
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1034

    Petitioners failed to demonstrate that decedent lacked sufficient mental capacity to execute a new will where they produced no medical evidence to support the claim and they themselves had decedent sign an attorney contingency fee agreement during the same period, illustrating confidence in decedent's mental capacity. The court denied a petition to vacate decedent's will.

  • In re: Estate of Rivera

    Publication Date: 2018-08-21
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0976

    Spouse not entitled to spousal share of real properties transferred by deceased spouse in the year prior to decedent's death where properties previously titled solely in decedent's name and spouse failed to present any evidence properties were legally acquired by spouse and decedent as tenants by the entireties. Decree of the orphans' court affirmed.

  • In re: The Estate of McAleer, deceased

    Publication Date: 2018-08-21
    Practice Area: Discovery | Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0977

    Discovery order directing trustee to produce unredacted attorney invoices incurred during trust administration/accounting not appealable as collateral order where invoices necessary for trust beneficiaries to redress breaches and therefore unprotected by attorney-client privilege or work product doctrine. Appeal quashed.