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
Category Archives: Opinions
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
Forgery is not proved by the testimony of the decedent’s children that the signature on the will does not look like the decedent’s when the decedent’s lawyer and the subscribing witnesses to the will all testify that they saw the … Continue reading
Court would not issue a temporary restraining order to continue life support for minor child who showed no brain activity and was legally dead under the Uniform Declaration of Death Act, 35 P.S. § 10203. In Re Anonymous, a Minor, 8 … Continue reading
The Superior Court has held that an incapacitated person can be represented in a divorce action only by a court-appointed guardian or guardian ad litem, and that an agent under a durable power of attorney cannot prosecute or defend a … Continue reading
Change of beneficiary form that referred to original annuity contract and was submitted to the insurance company after the contract had matured and been converted to a supplemental annuity contract was insufficient to change the beneficiary of the supplemental contract … Continue reading