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Home→Categories Opinions - Page 39 << 1 2 … 37 38 39 40 41 >>

Category Archives: Opinions

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Attorney Fees for Bad Faith Actions

Attorney fees awarded to prevailing parties, and against party found to have taken actions that were vexatious, frivolous, and in bad faith, including continued challenges to the adoptions of beneficiaries when the adoptions had already been upheld by a court … Continue reading →

Posted in Opinions | Tagged 42 Pa.C.S. 2503, Adoption, Attorney fees, Full faith and credit

Guardian Preserves Estate Instead of Paying Creditors

Court refused to order guardian of the estate of an incapacitated person to pay the claim of nursing home before the costs of preserving the assets of the ward or other creditors.  Maene, Incapacitated Person, In re, 2 Fid. Rep. … Continue reading →

Posted in Opinions | Tagged PEF Code 5512.2, PEF Code 5521, PEF Code 5536

Rappaport Estate and Surcharge of Removed Executors

After remand from Superior Court and an amended adjudication entered, the Court upheld the surcharge for self-dealing and attorney fees for removed co-executors on cross-appeal to amended adjudication.  Rappaport Estate (No. 2), 2 Fid. Rep. 3d 434 (O.C. Bucks 2012) … Continue reading →

Posted in Opinions | Tagged Amended adjudication, Attorney fees, self dealing, surcharge

Expert Opinion vs. Direct Evidence in Will Contest for Forgery

In will contest for alleged forgery, Master found that expert evidence is of little weight compared to direct evidence and allowed contested will to be probated, because clear and convincing evidence did not exist to prove forgery.  Karoly Estate, Angstadt … Continue reading →

Posted in Opinions | Tagged Direct evidence, expert opinion, Forgery, Will contest

Divorce Proceedings, ERISA, and 401(k) Beneficiary Designation

Despite divorce action, widow allowed deceased husband’s share of his company’s 401(k) profit sharing plan.  McGarrity Estate, 2 Fid. Rep. 3d 447 (O.C. Chester 2012) (Opinion by Tunnell, J.) … Continue reading →

Posted in Opinions | Tagged 401(k), divorce action, ERISA, PEF 2106, PEF 6111.2

Large Executor Commission Allowed in Small Estate

10% executor commission allowed in a small estate of $48, 516.61, where beneficiary infighting and obstructionism created greater effort and time of executor; commission not limited to fee schedule under Johnson Estate.  Duhovis Estate, 2 Fid. Rep. 3d 431 (O.C. … Continue reading →

Posted in Opinions | Tagged Executor Commission, Fee Schedule, Small estate

Testamentary Capacity and Undue Influence in Change of Estate Plan

Appeal of probate dismissed, because decedent had testamentary capacity and no undue influence existed, because decedent understood the bounty of his estate, its disposition, and no party influenced the decedent’s new will.  Evans Will, 2 Fid. Rep. 3d 421 (O.C. … Continue reading →

Posted in Opinions | Tagged PEF 3132(1), PEF 3132.1(a), PEF 908(a), Testamentary Capacity, Undue influence, Will contest

Executor and Attorney Fees Reduced

Executor’s commission reduced, trustee removed, and attorney’s fee reduced, because the executor advanced commission for work not yet done, did not keep hours, and estate was not complicated.  Butler Estate and Trust, 2 Fid. Rep. 3d 402 (O.C. Phila. 2012) … Continue reading →

Posted in Opinions | Tagged Commission, Fee Schedule, LaRocca Estate, surcharge

Testamentary Capacity Directly After Surgery?

Will set aside on appeal of probate, because of lack of testamentary capacity and undue influence, when decedent signed will directly after surgery.  Ehrhardt Will, 2 Fid. Rep. 3d 412 (O.C. Monroe 2011) (Opinion by Miller, J.) … Continue reading →

Posted in Opinions | Tagged Testamentary Capacity, Undue influence, Will contest

Specific Performance for Burnt Property?

Court denied specific performance for real property, because the written contract was not with decedent or decedent’s agent, and oral contract with equitable consideration for possession and improvement to property does not amount to specific performance in this case, because … Continue reading →

Posted in Opinions | Tagged Specific Performance, Statute of Frauds

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