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
Category Archives: Opinions
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
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
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
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
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
Based upon a copy of a will alleged to have been signed before the will that was probated, the petitioners attempted to claim the proceeds of sale of real property in Turkey that was sold by the guardian of the … Continue reading
It was a breach of trust for the trustee of a testamentary trust to transfer a residence to the beneficiary of a testamentary trust when the beneficiary was only entitled to use the property during her lifetime. Because the beneficiary … Continue reading
After previously finding that it had no jurisdiction over the administration of the estate of a decedent who had established his domicile in Florida before his death, the Orphans’ Court also found it had no jurisdiction over challenges to actions … Continue reading
A mother’s intention to provide additional life insurance benefits for her three daughters and not her son, who was to inherit a valuable business, failed when the additional insurance was purchased through an existing trust for the benefit of the … Continue reading