Laches and Action Against Agent

An action against an agent to recover assets transferred by the agent during the decedent’s lifetime was not barred by the two year statute of limitations under 42 Pa.C.S. § 5524, and was not barred by laches, when there was a delay in probate due to a dispute over domicile and the executors were not able to act due to conflicts of interest.  Under 20 Pa.C.S. § 5611, gifts by agent under New Jersey power are to be judged by Pennsylvania law, and therefore limited by 20 Pa.C.S. § 5601.2 (before Act 95 of 2014).  Lower court order denying discovery was not appealable as a final order or as a collateral order.  In re: Estate of Leonard J. Moskowitz, 115 A.3d 372, 2015 Pa Super 23, No. 3302 EDA 2013 (2/4/2015), on rehearing, 2015 PA Super 112 (5/8/2015), reargument denied (6/30/15), pet. for appeal, No. 580 MAL 2015 (7/29/2015).

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