This book outlines the standards of care fiduciaries owe and discusses different ways in which a fiduciary can breach his or her duties and the consequences of such a breach. Also covered is Pennsylvania’s case law, which makes it clear that the public at large is the ultimate beneficiary of all charitable trusts and that the attorney general is charged with representing the public’s interest when acting as parens patriae. The basics of guardianship proceedings within the Orphans’ Court are also discussed, with specifical emphasis on least restrictive alternatives, the role of court-appointed counsel, and the procedures required to ensure that the rights of the alleged incapacitated person are protected.
Summary of Contents:
- Rules of Professional Conduct in the Context of Estate Litigation
- Surcharge Litigation and Removal of Fiduciary
- Role of the Office of the Attorney General
- Guardianships
- Contested Jurisdiction
- Attorneys’ Fees and Fiduciaries’ Commissions Costs