A petition filed by foreign relatives of the decedent challenging the decedent’s will and the distribution of the proceeds of property sold by a guardian of the decedent was properly dismissed as untimely when it was filed more than 30 … Continue reading
Category Archives: Opinions
After discovery was completed in this will contest, the depositions of long-time friends of the decedent as to the execution of the will, and medical records that did not show a lack of testamentary capacity or weakened intellect, made summary … Continue reading
A claim against decedent’s agent for proceeds of property sold more than two years before the decedent’s death, and more than seven years before a petition was filed in the Orphans’ Court, was barred by the two year statute of … Continue reading
Whether the beneficiary had standing to bring a malpractice action against the attorney for the executor was not relevant to whether the beneficiary had standing to seek the removal of the executor for employing the attorney, and the decedent not … Continue reading
It was neither an error of law nor an abuse of discretion for the Orphans’ Court to: Reduce legal fees charged to an estate to an hourly rate more consistent with local rates; Surcharge the executor for interest and penalties … Continue reading
The Orphans’ Court erred as matter of law in allowing legal fees and executor’s commission based only on a percentage of the value of the estate, and in placing the burden on the objectants to show that the resulting fees … Continue reading
Decedent’s will gave her residuary estate to her two sons in equal shares, but then gave one of the sons six months within which to exercise a “right of first refusal” to take the decedent’s farm as his share of … Continue reading
It was not an abuse of discretion for the Orphans’ Court to refuse to expunge the petitioner’s record of involuntary commitment, and restore his right to possess firearms, despite testimony in support of the petition from the petitioner’s family and … Continue reading
Complaint for damages allegedly caused by the negligence of the decedent that was served on the decedent’s spouse and named the decedent’s spouse as personal representative of the decedent’s estate was void when the spouse was never appointed to be … Continue reading
Appellant’s claims against the estate for the decedent’s sales of his cars while he was incarcerated were barred by res judicata because he had unsuccessfully brought the same claims twice in federal court and were also barred by the two … Continue reading