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Home→Categories Opinions 1 2 3 … 78 79 >>

Category Archives: Opinions

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Error to Confirm Agent’s Account

Posted on July 6, 2025 by Daniel EvansJuly 6, 2025

The confirmation of an agent’s account by the Orphans’ Court was an error of law, was an abuse of discretion, and was unsupported by the record when the agent for the deceased principal filed an account that showed the same … Continue reading →

Posted in Opinions | Tagged Accounting by agent, Agent's duties

Anti-Lapse Statute Applied to Estate to “Be Equally Divided Among” Siblings

Posted on July 6, 2025 by Daniel EvansJuly 6, 2025

The testator’s direction that his estate “be equally divided among” his siblings did not evidence an intent to override the anti-lapse statute, 20 Pa.C.S. § 2514(9). However, the Orphans’ Court erred in holding that the distributions to the issues of … Continue reading →

Posted in Opinions | Tagged Anti-lapse statute, Per stirpes

Petition for Surcharge Against Prior Executors

Posted on June 29, 2025 by Daniel EvansJune 29, 2025

When the executors who were originally granted letters have resigned and an administrator has been appointed to complete the administration of the estate, and the administrator files an account that covers only his own administration and not the administration of … Continue reading →

Posted in Opinions | Tagged Account, Objections to account, surcharge

Lost Later Will Not Proven

Posted on June 29, 2025 by Daniel EvansJune 29, 2025

In an appeal from the probate of a 2011 will, the Orphans’ Court did not err in refusing to probate a will allegedly signed by the decedent in 2014 when the proponent of the 2014 will was able to produce … Continue reading →

Posted in Opinions | Tagged Lost wills

No Hearing for Heir Occupying Real Estate

Posted on June 27, 2025 by Daniel EvansJune 27, 2025

An heir who was occupying real estate at the death of the decedent with the consent of the decedent is not entitled to a hearing before being ordered to vacate the property and deliver possession to the administrator, and the … Continue reading →

Posted in Opinions | Tagged Possession of decedent's property

Nonsubscribing Witnesses Saw Decedent’s Signature, Not Mark

Posted on June 16, 2025 by Daniel EvansJune 16, 2025

Although the will was not self-proving because one the subscribing witnesses did not witness the execution of the will, the Orphans’ Court found that two witnesses who observed the signing of the will through the window of the decedent’s home … Continue reading →

Posted in Opinions | Tagged Indispensable party, Signature by mark, Witness to will

Forgery of Will Not Proven; No Standing to Compel Account Following Valid Disclaimer

Posted on June 8, 2025 by Daniel EvansJune 8, 2025

The Orphans’ Court found the witnesses in support of the authenticity of the will to be credible, and did not find the petitioner’s allegations of forgery to be credible. The signatures in the margins of the pages of the will … Continue reading →

Posted in Opinions | Tagged Disclaimers, Standing, Will forgery

Beneficiary Substantially Complied with Requirements for Accepting Trusteeship

Posted on June 8, 2025 by Daniel EvansJune 8, 2025

The trust document stated that the beneficiary of a trust “shall become a Co-Trustee of his or her respective trust” upon reaching thirty years of age. By several emails sent to the trustee already serving and to the financial institution … Continue reading →

Posted in Opinions | Tagged Co-trustees, Situs of trust, Trustee appointment

Settlement Agreement Barred Contingent Claim

Posted on June 8, 2025 by Daniel EvansJune 8, 2025

An agreement among the children of the decedent, entered into during their father’s lifetime, under which they released “all claims” against each other “whatsoever, at law or in equity, known or unknown, asserted or unasserted, contingent or accrued, [and] discovered … Continue reading →

Posted in Opinions | Tagged Contingent claims, Family settlement agreement

Unimproved Land May Be a “Park”

Posted on June 6, 2025 by Daniel EvansJune 6, 2025

The Orphans’ Court erred in concluding that it was no longer “practicable” to use property that was donated to the township as a park and for recreational purposes because a park can be land kept in its natural state, and … Continue reading →

Posted in Opinions | Tagged Charitable gifts

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