Guardian of the estate of an incapacitated person was surcharged for unexplained discrepancies in her account showing funds were missing, for an act of self-dealing by payment to an entity owned by the guardian’s husband, and for a payment allegedly … Continue reading
Category Archives: Opinions
Decree of the Orphans’ Court granting the petition of the agent for the incapacitated executor named in the will, and directing the Register of Wills to grant letters of administration c.t.a. to the agent, was vacated when it appeared that … Continue reading
The niece of the decedent who acted as the decedent’s health care agent and was the sole emergency contact listed for the decedent in the hospital’s medical records, and who also prepared the will for the decedent to sign which … Continue reading
Requests by the executors to the surviving spouse for bank statements and life insurance information that were needed for estate administration did not constitute discovery waiving the Dead Man’s Act (42 Pa.C.S. § 5930), and so the surviving spouse was … Continue reading
The wife of the decedent and executor of his estate, who had asserted attorney-client privilege during discovery, could not then waive the privilege at trial unless the opposing litigants could first conduct discovery regarding the communications for which the privilege … Continue reading
Probate of will and codicil was denied for lack of testamentary capacity that was supported by medical testimony and by evidence that the decedent had shown signs of memory loss and dementia before the execution of the will and trust, … Continue reading
The beneficiary of a putative will has standing to request a waiver of attorney-client privilege in a dispute over the validity of the will due to lack of testamentary capacity, allegations of fraud in the execution of a note by … Continue reading
In a dispute over legal fees paid by a trustee, the Orphans’ Court ordered the trustee to turn over to the beneficiaries unredacted invoices for legal fees paid and, on appeal, the Superior Court held that the order was not … Continue reading
Surviving husband had no rights to any properties conveyed by his deceased wife one month before her death despite his claims of “sweat equity” in maintaining and improving the properties during their marriage because there is no “de facto” tenancy … Continue reading
When the principal and agent shared a home that was in the joint names of the principal and agent, and had agreed to divide living and maintenance expenses, the agent was not surcharged for installing new windows when there was … Continue reading