Kendra McGuire

Kendra McGuire

McNees Wallace & Nurick LLC

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Say It Isn't So – Has Pennsylvania Adopted No Fault Trustee Removal?

Apparently, nothing is sacred. In yet another opinion that chips away at long standing fiduciary principles, the Pennsylvania Superior Court issued an opinion that seems to adopt no fault trustee removal in Pennsylvania....more

3/18/2014 - Estate Planning Trustees Trusts

Orphans' Court Update - The Fiduciary Exception to the Attorney Client Privilege

The Attorney Client Privilege is sacrosanct. It is the one privilege that Courts consistently uphold. So, it may surprise you to learn that there is a long-standing fiduciary exception to the attorney client privilege....more

1/23/2014 - Attorney-Client Privilege Executors Fiduciary Duty Orphan's Courts Trustees

When are “No-Contest” Clauses Enforceable?

We are often asked about in terrorem clauses or “no-contest” clauses in wills or trusts. Can they be enforced? Under what conditions? Can a contesting party really lose everything? Does a contesting party put anyone else’s...more

7/24/2013 - Enforcement Estate Planning Family Members No Contest Clause Trusts Wills

Orphans' Court Update - March 2013: Nonjudicial Settlement Agreements – Are They the Silver Bullet We All Thought They Were?

Do you remember the round of applause and cheers that went out across this great Commonwealth when Section 7710.1 was enacted? Finally, our legislature gave us a statute that made sense and could be broadly applied. Section...more

3/26/2013 - Nonjudicial Settlement Agreements Orphan's Courts Section 7710.1

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