The denial of a petition for an agent to account is a final order which is appealable as of right. Although the petitioner was an intestate heir of the principal, she did not have standing to demand an accounting by … Continue reading
Category Archives: Opinions
The court was not required to accept the option of a psychologist as to incapacity when the psychologist administered a single test and did not examine medical records, the alleged incapacitated person appeared in court and provided lucid and compelling … Continue reading
Large transfers shortly before the death of the decedent into joint accounts with the decedent’s daughter, arranged by the daughter while the decedent was gravely ill, could not have been an intentional act of the decedent, and was the product … Continue reading
Testamentary gift to disbanded volunteer ambulance association was awarded under the cy pres doctrine to a volunteer fire department providing first responder services to the same community. Estate of Kendell B. Cramer, Deceased, 8 Fid.Rep.3d 315 (O.C. Monroe Co. 2018) … Continue reading
Father forfeited his share of the minor’s estate when he was incarcerated during the minor’s first year of life and did not provide food, clothing, toys, or any other financial, physical, or emotional support during the last year of the … Continue reading
Settlement did not create a “common fund” that would justify the payment of legal fees from the estate when one residuary beneficiary made a payment to the other three residuary beneficiaries, and no other beneficiaries were unjustly enriched by the … Continue reading
Daughter who had served as father’s agent under power of attorney, and who was nominated to serve as his guardian by that instrument, was not appointed by the court to serve as guardian after father was determined to be incapacitated, … Continue reading
The statute of limitations for an action for legal malpractice in the administration of an estate began to run when a declaratory judgment action was filed to correct the alleged legal errors, and not when the court ruled in favor … Continue reading
Register of Wills properly found that it had jurisdiction to issue letters of administration based on the decedent’s driver’s license, car registration, financial responsibility insurance card, and telephone bill, even though decedent and his spouse owned a home in Bucks … Continue reading
Court order directing the alleged incapacitated person to submit to an independent neuropsychologic examination for the purpose of determining capacity did not violate the constitutional rights of the person, and the order should be considered interlocutory and not appealable. Estate of … Continue reading