The executor of an estate, who had experience as a professional bookkeeper, was liable for the misappropriation of funds by her attorney because she failed to act as a prudent person would, allowing the attorney to have access to bank … Continue reading
Category Archives: Opinions
The contestant to a will had probable cause to challenge the validity of the will, based on her personal knowledge of the testator’s health issues and the dramatic change the testator made in her last will, and so the contestant … Continue reading
A trust for pets is subject to inheritance tax at the rate of 15%. King Estate, 8 Fid.Rep.3d 145 (Chester Co. O.C. 2018). (For a contrary result, see Schrock Estate, 6 Fid.Rep.3d 199 (Westmoreland Co. O.C. 2015). … Continue reading
The father of the decedent did not forfeit his intestate share of his deceased son’s estate because the adult son was unable to walk, but was not mentally impaired or unable to care for himself, and so was not a … Continue reading
The rules of construction for lapsed legacies which are found at 20 Pa.C.S. § 2514(9), (10), and (11) apply only to individuals and so are not relevant to the cy pres doctrine, which the Orphans’ Court properly applied in directing … Continue reading
Trustee of terminating trust had proposed distribution directly to a public school, rather than to a trustee for the school, believing that the costs of administering the trust would outweigh the benefits of the trust, but the Attorney General objected … Continue reading
Fees of guardian and her counsel were approved over objections of the trustee of the ward’s revocable trust in Florida, the request for counsel fees by the trustee were denied, and the guardian was granted permission to submit a new … Continue reading
Son was allowed to intervene in litigation which his deceased father had begun over the validity of a trust allegedly created by the father, even though the son’s interests as a beneficiary under his father’s will were protected by the … Continue reading
Order allowing a “private auction” of real estate among the beneficiaries of the estate was an order that determined an interest in real property within the meaning of Pa.R.A.P. 342(a)(6), so that it was appealable as of right and the … Continue reading
Guardian who was found to have engaged in acts of self-dealing and was removed as guardian, and whose account showed that funds were paid to the guardian and to possibly fictitious third parties without explanation, was denied any compensation as … Continue reading