As previously reported, the Supreme Court Orphans’ Court Procedural Rules Committee has published a draft of a new Pa.O.C. Rule 5.50 that it intends to propose to the Supreme Court to specify the contents of a petition to settle a … 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
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
A claim to unclaimed property held by the Pennsylvania Treasury was properly denied when the property was a joint account in the names of the claimant’s mother and half-sister, the mother predeceased the half-sister so that the account became the … Continue reading
Although father testified that home he purchased for his own use was titled in joint names with his son for “estate planning purposes,” proceeds of sale were shown to have been paid to father and son equally, and deposit of … Continue reading
When residence owned as joint tenants with right of survivorship was destroyed by fire before the death of one tenant, proceeds of property insurance are divided between the estate of the deceased tenant and the surviving tenant. Miscella Estate, 6 … Continue reading
The property that is owned by a decedent at death is administered by the executor or administrator of the decedent’s estate and is always subject to the claims of the decedent’s creditors. The Probate, Estates and Fiduciaries Code (“PEF Code”),...
Under a power of attorney, the agent did not keep records of disbursements and receipts; after reconstructing an account, the court surcharged the agent $11,207 for (1) half of property improvements on property jointly owned between principal and agent (for … Continue reading