In re Estate of Edler

36 Pa. D. & C.5th 19
CourtPennsylvania Court of Common Pleas, Lycoming County
DecidedJanuary 31, 2014
DocketNo. 41-12-0465
StatusPublished

This text of 36 Pa. D. & C.5th 19 (In re Estate of Edler) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lycoming County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Estate of Edler, 36 Pa. D. & C.5th 19 (Pa. Super. Ct. 2014).

Opinion

LOVECCHIO, J.,

— This matter came before the court on Kieth M. Edler’s petition to restore non-charitable irrevocable trust. The relevant facts follow.

Vivian M. Edler (“Mrs. Edler”) was a resident of Lycoming County and had three sons: Terry R. Edler (“Terry), Kieth M. Edler (“Kieth”) and Del S. Edler (“Del”). Mrs. Edler executed a will dated January 3,2007, leaving her estate in three equal shares to sons, all of whom were then living.1

On May 20, 2010, while Mrs. Edler was a patient at the Williamsport Hospital, she signed a durable power of attorney naming Kieth her agent. The power of attorney contained a notice to the principal signed by Mrs. Edler and an acknowledgement of the agent signed by Kieth as required by 20 Pa.C.S. §5601 (c) and (d).

In early 2011, Kieth met with individuals associated with the Malee Law Firm, who drafted the Vivian Edler Irrevocable Trust (“Trust”). On or about February 25, 2011, Kieth executed the Trust, signing the document both as power of attorney for Mrs. Edler and as trustee. After executing the Trust, Kieth transferred Mrs. Edler’s real estate and all the funds in her bank accounts into the Trust.

While the Trust provided the income to Mrs. Edler, it divested her of any interest in or benefit of the principal (corpus) of the Trust. In fact, pursuant to the terms of the Trust, the distribution committee (which consisted of Kieth and his daughter, Jeanine Schepers) could distribute all [22]*22of the trust assets to Mrs. Edler’s children, grandchildren, and/or their spouses while Mrs. Edler was still living.

Mrs. Edler was dissatisfied with her inability to access the principal of her financial accounts, and she contacted the Office of the Aging. It was the position of the Office of the Aging that the establishment of the Trust was not consistent with the Probate, Estate and Fiduciary (PEF) Code. Kieth consulted with the Malee Law Firm on or about May 17, 2011, and agreed to tenninate the Trust and transfer all its assets back into Mrs. Edler’s name. The accounts were distributed to Mrs. Edler on or before May 25, 2011, and a corrective deed conveying the real estate back to Mrs. Edler was executed on June 1, 2011. In consideration of these actions, Mrs. Edler agreed to release any and all claims she may have had against Kieth regarding the establishment of the Irrevocable Trust.

On October 18, 2011, Mrs. Edler conveyed the real estate to Del and executed a new last will and testament (the “2011 Will”), pursuant to which Del would receive all of the household contents of the real estate, and the residue of her estate would be distributed 50% to Del, 30% to Kieth, and 20% to Terry’s children. The Will also appointed Del as executor of Mrs. Edler’s estate.

Mrs. Edler died on August 29,2012. The 2011 Will was probated on November 27, 2012 and letters testamentary were issued to Del.

Kieth filed a petition to restore the trust on May 9, 2013. He also filed a praecipe for lis pendens against the real estate on May 13, 2013. The estate filed an answer and new matter on May 30,2013. Kieth field a reply to the new matter on July 10, 2013.

[23]*23The court held a conference in this matter on July 17, 2013. Counsel for the parties asserted that several purely legal issues controlled the outcome of this case, which could be decided on briefs. The parties have filed their briefs and the matter is ripe for decision.

Counsel for Kieth argued that the general, broad language in the power of attorney gave Kieth the authority to transfer all of Mrs. Edler’s property into an irrevocable trust. Counsel for Kieth also asserted that the transfer of the property back to Mrs. Edler was a legal nullity because the distribution committee could not transfer any property to the settlor pursuant to the terms of the trust and the transfers did not include the consents and/or signatures of all of the beneficiaries to terminate the trust as required by section 7740.1 of the PEF Code.

Counsel for the estate contended that the creation of an irrevocable trust was a legal nullity because, absent specific language in the power of attorney, section 5603 of the PEF Code precluded the creation of an irrevocable trust. In the alternative, the estate argued that the trust was lawfully terminated and/or Kieth was barred by the doctrines of accord, satisfaction or release.

DISCUSSION

The power of attorney states in relevant part:

KNOW ALL MEN BY THESE PRESENTS, That I, VIVIAN M. EDLER, of 172 School House Lane, English Center, Pennsylvania, appoint KEITH MERLE EDLER, of484 Knipe Road, Liberty, Pennsylvania, my true and lawful agent with full power of substitution for me and in my name and on my behalf generally to transact all business and to sign, acknowledge and [24]*24deliver all contracts, deeds and other instruments needed to effectuate any matter or transaction pertaining to my affairs, all as effectually, in all respects, as I could do personally.
Without intending to limit or restrict the foregoing general powers, my said agent, shall have full and separate authority:
(1) To make limited gifts.
(2) To create a trust for my benefit....

Powers of attorney are governed by chapter 56 of the PEF Code. Section 5601(a) states:

(a) General rule. — In addition to all other powers that may be delegated to an agent, any or all of the powers referred to in section 5602(a)(relating to form of power of attorney) may lawfully be granted in writing to an agent and, unless the power of attorney expressly directs to the contrary, shall be construed in accordance with the provisions of this chapter.

20 Pa.C.S. §5601(a). One of the powers referred to in section 5602(a) is the power to create a trust. 20 Pa.C.S. §5602(a)(2). Section 5603(b) describes the power to create a trust as follows:

(b) Power to create a trust. — A power “to create a trust for my benefit” shall mean that the agent may execute a deed of trust, designating one or more persons (including the agent) as original or successor trustees and transfer to the trust any or all property owned by the principal as the agent may decide, subject to the following conditions:
[25]*25(1) The income and corpus of the trust shall either be distributable to the principal or to the guardian of his estate, or to be applied for the principal’s benefit, and upon the principal’s death, any remaining balance of the corpus and unexpended income of the trust shall be distributed to the deceased principal’s estate.
(2) The deed of trust may be amended or revoked at any time and from time to time, in whole or in part, by the principal or the agent, provided that such amendment by the agent shall not include any provision which could not be included in the original deed.

20 Pa. C.S. §5603(b).

Kieth contends that, in light of the broad, general powers granted through the initial paragraph of the power of attorney, he had the power to create an irrevocable trust, notwithstanding the provisions of section 5603. The court cannot agree.

The object of all statutory construction is to ascertain and effectuate the intent of the general assembly. 1 Pa.C.S. § 1921(a).

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Cite This Page — Counsel Stack

Bluebook (online)
36 Pa. D. & C.5th 19, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-edler-pactcompllycomi-2014.