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Home→Categories Opinions - Page 31 << 1 2 … 29 30 31 32 33 … 78 79 >>

Category Archives: Opinions

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Decedent Substantially Complied with Policy to Retain Former Spouse as Beneficiary

Because 20 Pa.C.S. § 6111.2(b)(4) does not require that a post-divorce “designation of a former spouse as a beneficiary” be in writing, and because the decedent “substantially complied” with the life insurance policy provisions for beneficiary designations by orally advising … Continue reading →

Posted in Opinions | Tagged Life insurance beneficiary, PEF 6111.2

Redacted Time Records Did Not Support Attorney Fees

Executor and her attorney were surcharged for excessive and unreasonable attorney fees because the attorney time records that were submitted had the descriptions of services redacted and so they failed to meet their burden of proof. Stoughton Estate, 10 Fid.Rep.3d … Continue reading →

Posted in Opinions | Tagged Attorney fees

Use of Estate as “Personal ATM”

Costs incurred in selling decedent’s home were substantiated by a HUD settlement statement, and objections to minor discrepancies between the account and the amounts shown on the settlement statement were de minimis and overruled. Objection to attorney fee of $1,000, … Continue reading →

Posted in Opinions | Tagged Objections to account, surcharge

No DNA Test Required of Child

The administrator of an estate cannot require an alleged child of the decedent to take a DNA test, and the child may rely on the other factors in 20 Pa.C.S. § 2107(c) to establish paternity. Ackley, Sr. Estate, 10 Fid.Rep.3d … Continue reading →

Posted in Opinions | Tagged Intestacy, Paternity, PEF 2107

Charity May Sell Building with Exterior Mosaic

Posted on October 21, 2020 by Daniel EvansOctober 21, 2020

When a charitable nonprofit corporation did not agree to maintain a mosaic on the outside of the building it owns, the preservation of the mosaic would be expensive and is not within the charity’s exempt purposes, and the decision of … Continue reading →

Posted in Opinions | Tagged Charitable gifts, Charitable organizations

No Preliminary Objections to Answer and New Matter

Posted on October 19, 2020 by Daniel EvansOctober 19, 2020

Preliminary objections to an answer and new matter is not a pleading allowed by Pa. O.C. Rules and is improper. Further, a party does not lack standing merely because the petition fails to name them as an interested party. Mahlstadt … Continue reading →

Posted in Opinions | Tagged Pa.O.C. Rules, Preliminary objections, Standing

Agent’s Change of IRA Beneficiary Invalid

An agent’s change of an IRA beneficiary was invalid when the decedent was obligated under a divorce settlement agreement to name his children as beneficiaries. Trembley Agent for Lasser, 10 Fid.Rep.3d 229 (Chester O.C. 2020). … Continue reading →

Posted in Opinions | Tagged Agent's powers, Divorce, Individual retirement account

Revocation of Spousal Election Allowed

The Orphans’ Court did not abuse its discretion in allowing a surviving spouse to revoke her election against her husband’s will three and a half years after the deadline for making the election when the spouse did not have full … Continue reading →

Posted in Opinions | Tagged laches, Spousal Election

Settlement Agreement Enforced against Pro Se Litigant

A settlement agreement disposing of all objections to an account of the executors, negotiated during a settlement conference conducted by a master appointed by the Orphans’ Court, will be enforced against a well -educated and intelligent pro se litigant who … Continue reading →

Posted in Opinions | Tagged Family settlement agreement

Ownership of Commissions Determined

In a declaratory judgment action, the Orphans’ Court interpreted and applied the contracts, assignments, and other documents signed by the decedent, the executor, and a claimant against the estate to determine the ownership of commissions payable to an agency that … Continue reading →

Posted in Opinions | Tagged Claims of Creditors, Declaratory Judgment

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