Appeal from probate after more than one year is properly dismissed where appellant alleges only that will is “fraudulent” without specifying any fraud on Register of Wills or Orphans’ Court. Appellant also lacked standing because prior will, which would be … Continue reading
Category Archives: Opinions
A child born before the execution of will and not provided for by the will is not entitled to an intestate share of the estate under 20 Pa.C.S. § 2507(4), and preliminary objections to the child’s petition for declaratory judgment … Continue reading
It was error for the Orphans’ Court to fail to grant a continuance to a parent to obtain counsel in a proceeding to terminate his parental rights when the parent failed to request counsel from the court but three of … Continue reading
Property purchased by township through the Project 70 Land Acquisition and Borrowing Act, 72 P.S. §§ 3946.1 et seq., and dedicated to public use as a park, cannot be sold by the township to private developers, and the township cannot … Continue reading
The Orphans’ Court has the power to enforce through civil contempt an order requiring a former fiduciary to pay a surcharge in installments, and may order incarceration for the former fiduciary when he contemptuously fails to make the required payments, … Continue reading
The Civil Division has jurisdiction over a contractual claim against an estate and its executor, but the trial court erred in “piercing the corporate veil” and finding an executor-beneficiary personally liable for debts incurred by a corporation of which the … Continue reading
Both the Orphans’ Court of the county where letters of administration were issued and the Civil Division of the county in which the administrator brought a wrongful death and survivor action have jurisdiction over issues relating to the distribution of … Continue reading
Although father testified that home he purchased for his own use was titled in joint names with his son for “estate planning purposes,” proceeds of sale were shown to have been paid to father and son equally, and deposit of … Continue reading
An agent with the power to receive the income or corpus of a trust, as provided in 20 Pa.C.S. § 5602(a)(7), cannot revoke the principal’s revocable trust by withdrawing all of the income and principal; an agent’s power over a … Continue reading
A same-sex couple could enter into a valid common law marriage before 2005, and the evidence supported the existence of the marriage. In re: Estate of Stephen Carter, 2017 PA Super 104 (4/17/2017). … Continue reading