I’m working on some materials for a CLE presentation entitled Remedies in Fiduciary Litigation. I’ll be giving it October 18, 2017 at the Lancaster Bar Association. Its also on the program for PBI’s Estate Law Institute in Philadelphia on November 14-15, 2017. Most of the equitable remedies available to beneficiaries whose interests have been
Children Demand Return of Custodial Funds from Parent
If you’re spending your childrens’ money, you are probably breaking the law. Parents often overstep their authority when dealing with their children’s money as shown in this case: Werner v. Werner 2016 PA Super 2210.
Mother was custodian for two accounts for the benefit of her daughters under the Pennsylvania Uniform Transfer to
New PA Orphans’ Court Rules
The Pennsylvania Orphans’ Court Procedural Rules Committee published a proposal for new Orphans’ Court Rules in April 2013 with a comment period was open until June 13, 2013. After comments, some revisions were made. The Pennsylvania Supreme Court adopted these proposed new rules by Order dated December 1, 2015 with an effective date of
Wells Fargo Terminated as Trustee
Thank you Gary Beyer for your post entitled "Wells Fargo Terminated as Trustee."
Beyer writes:
"On Thursday, a Circuit Judge in Wisconsin terminated Wells Fargo Bank as trustee of the Chester Bible scholarship trust, furnishing control to the Baraboo Community Scholarship Corporation (BCSC). For over a year, BCSC and Wells Fargo have disputed over
New Rule of Civil Procedure – Discovery of Expert Testimony
On July 10, 2014 the Supreme Court of Pennsylvania ordered the adoption of new Rule 4003.5 of the Pennsylvania Rules of Civil Procedure.
The rule has been modified and the following clause (4) is added:
(4) A party may not discover the communications between another party’s attorney and any expert who is to be identified
Why not mediate trust and estate disputes?
"Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser – in fees, expenses and waste of time."
— Abraham Lincoln 1850
Lincoln’s words are doubly true today. Our society is beset with litigation – and all too often, there are
Federal Jurisdiction – Probate Exception
Recommended reading: Stripping Away the Mystery of the Probate Exception By John T. Brooks and Samantha E. Weissbluth
Federal court can hear breach of fiduciary duty claim against trustees.
We looked at this issue before in our post Make a Federal Case Out of It.
$80 Million in Gold Coins Seized from Estate
Philadelphia coin dealer Israel Switt died in 1990. In 2003, 13 years after Switt died, his daughter and grandsons drilled open a safe deposit box in Switt’s name and found 10 rare gold coins.
The coins were 1933 Saint-Gaudens double eagle $20 gold coins and were valued at approximately $80 million. The coin is
SCOTUS Rules on Social Security for Posthumous Children?
To be poor and independent is very nearly an impossibility.
William Cobbett, Advice to Young Men, 1829
On May 21, 2012, the Supreme Court decided the case of Astrue v. Capato. This case may have consequences beyond the question the Court decided based on its deferral to state law.
Karen Capato, widow of
Wills and contracts: what happens when the two meet?
We often see situations where one spouse dies and the surviving spouse changes his or her will to benefit different persons than were contemplated by the first spouse. A prime example would be a couple where the man had four children by his first marriage and five with his second wife. Husband and wife make