Agent under power of attorney who was appointed “to serve jointly” with co-agent, but who acted alone, is surcharged for unexplained or unaccounted for expenditures, for changing an IRA beneficiary to herself, which was inconsistent with the principal’s intent as … Continue reading
Category Archives: Opinions
Surviving “life partner” is not entitled to 0% spousal inheritance tax rate, despite years of continuous cohabitation, when there was no evidence that the parties had ever contracted to marry by exchanging verba in praesenti. Gessner Estate, 7 Fid.Rep.3d 72 … Continue reading
Court does not have jurisdiction to enforce a family settlement agreement that settled an estate within the jurisdiction of a different county. Robinson v. Robinson, 7 Fid.Rep.3d 69 (O.C. Cumberland Co. 2016). … Continue reading
An irrevocable trust created by a husband and wife will be voided for fraud upon the petition of the wife when the wife was not involved in the planning of the trust or the selection of marital assets to be … Continue reading
The court lacks jurisdiction to determine incapacity when Pennsylvania is not the “home state” of the incapacitated person under the Uniform Adult Guardian and Protective Proceedings Jurisdictional Act (20 Pa.C.S. 5901 et seq.) and an agent under a power of … Continue reading
A change to an incapacitated person’s will was approved, the court exercising its power of substituted judgment, when the incapacitated person and her husband both had children from prior marriages, each had executed reciprocal wills each leaving their estates to … Continue reading
The Supreme Court has held that 23 Pa.C.S. § 2313(a), which requires the appointment of counsel for children involved in contested involuntary termination of parental rights, is not satisfied by the appointment of a guardian ad litem who is also … Continue reading
An appeal from a denial of an injunction may be dismissed as moot when the construction sought to be enjoined has been completed. In Re: Wissahickon Playground, No. 2492 C.D. 2015 (Cmwlth. 3/28/2017) (opinion not reported), aff’ng No. 265 IP … Continue reading
An intestate heir who does not join in an appeal from the probate of a will has no standing to challenge a settlement agreement between the beneficiary under the will and the other intestate heirs which left the probate of … Continue reading
When a power of attorney lacks the notice and acknowledgement required by 20 Pa.C.S. § 5601, the burden is on the agent to show that the actions taken by the agent were in the principal’s best interest. Even though the … Continue reading