Father forfeited his intestate share of child’s estate by failing to provide any financial support and deserting the child by failing to visit the child or perform any parental duties in the six years before the child’s death. Thaddeus Lee … Continue reading
Category Archives: Opinions
In action against agent, former beneficiary of retirement account had standing to object to change of beneficiary designation by agent. Because the action was against the agent individually, and not the decedent’s estate, the Dead Man’s Rule will not apply. … Continue reading
The court approved the agreement of sale of real estate that was signed by only one of the co-trustees and opposed by the other co-trustee, finding that the sale was in the best interests of the trust. Frances Nowicki Estate, … Continue reading
In finding that the testator was “quite lucid” at the time the will was signed and was not suffering from weakened intellect, the Orphans’ Court applied the wrong standard because undue influence is generally a gradual process and the fruits … Continue reading
Orphans’ Court decree that authorized the sale of real estate was immediately appealable under Pa.R.A.P. 342(a)(6) and so the failure to appeal was a waiver of any right to a later appeal. Krasinski Estate, 40 WAP 2018 and 41 WAP … Continue reading
Objections sustained to claims by executor for care of decedent as contrary to Dead Man’s Act and without sufficient evidence, to claims for funeral expenses without receipts or vouchers sustained, and to attorney’s fees because time some spent in preparation … Continue reading
Amendments to inter vivos trust document signed by agent (one of settlor’s daughters) were invalid even though the trust document allowed amendments by agents because the power of attorney did not authorize the agent to amend the trust. The attempted … Continue reading
Civil complaint that “touches on” validity of decedent’s will was dismissed with prejudice for lack of subject matter jurisdiction, and not transferred to Orphans’ Court division. Kramer, III v. Mary T. Kramer Estate (No. 1), 9 Fid.Rep.3d 272 (Lycoming C.P. … Continue reading
Court approved sale of real estate under contract with conventional mortgage contingencies despite higher offer of beneficiary because the beneficiary’s offer included more contingencies and might not be completed before a scheduled tax sale of the property. Estate of Ruth … Continue reading
Delays and what the court characterized as “poor judgment” by the trustee in responding to requests for information by the adoptive parents of the minor beneficiary of the trust were not a “serious breach of a fiduciary duty” warranting removal, … Continue reading