The presumption that a child born during a marriage is the child of both parents applies even in same-sex marriages, and so the non-birth parent has standing in a dependency hearing over the child. In the Interest of: A.M., a … Continue reading
Category Archives: Opinions
Although a nonprofit corporation formed as a volunteer fire company had been decertified and could no longer fight fires in accordance with its original charitable purposes, involuntary dissolution and cy pres would not be applied when the corporation continues to … Continue reading
Three handwritten pages labeled “Pg 1,” “Pg 3,” and “Pg 4,” with all three paragraphs on the first page page struck through diagonally and a signature on page 4, were found to be notes of the decedent, and not a … Continue reading
Civil Division had concomitant jurisdiction with Orphans’ Court over life insurance proceeds that were the subject of a property settlement agreement following the divorce of the decedent and his former spouse, and had the power to impose damages on the … Continue reading
Not allowing a litigious beneficiary any oral argument after the late filing of an unconvincing brief is not grounds for recusal. Robert M. Mumma Estate, 10 Fid.Rep.3d 18 (Cumberland O.C. 2019), app. quashed, 1326 MDA 2019 (5/11/2020) (non-precedential). … Continue reading
Evidence that the decedent ended contacts with friends, stopped speaking to his son, moved to the Poconos, and remarried is not sufficient proof of undue influence by his second wife, lack of testamentary capacity, or fraud in the inducement, and … Continue reading
A trust with a remainder payable to a named charity will not violate the rule against perpetuities even though the current beneficiaries were not lives in being when the trust was created, and so the early termination of the trust … Continue reading
Although a nonprofit corporation formed as a volunteer fire company had been decertified and could no longer fight fires in accordance with its original charitable purposes, the Attorney General could not enforce the application of cy pres in the absence … Continue reading
A change of beneficiary for death benefits under the State Employees’ Retirement System (SERS) was not effective until received, and so ineffective when the employee died after mailing the change of beneficiary and before it was received by SERS. Estate … Continue reading
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